Political Insurance for the (Relative) Poor: Why Liberal Constitutionalism Should Resist Plutocracy

2018 ◽  
Author(s):  
Tarunabh Khaitan
Keyword(s):  
Liberal Constitutionalism ◽  
Political Insurance

The Errors in Korea's Constitution and Liberal Constitutionalism

2007 ◽  
Vol 10 (1) ◽  
pp. 67-89
Author(s):  
Kyung-Kuk Min
Keyword(s):  
Liberal Constitutionalism

Introduction

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Political Theory ◽  
Public Debate ◽  
Intermediate Position ◽  
Open Borders ◽  
Liberal Constitutionalism ◽  
Associative Obligations

Chapter 1 begins with the role that political theory can play in public debate about immigration. Political theory can identify values and principles that can serve as guides to public judgment, clarify the sources of our disagreement, and perhaps even reduce the extent of disagreement about specific issues. The chapter then discusses four key dynamics in the politics of immigration: majoritarian politics, nationalism, capitalism, and liberal constitutionalism. It presents the idea of associative obligations and advances an intermediate position on immigration between closed borders and open borders rooted in an ethic of membership. It concludes with a roadmap of the book.

Securing the Sasana through Law: Buddhist constitutionalism and Buddhist-interest litigation in Sri Lanka

2016 ◽  
Vol 50 (6) ◽  
pp. 1966-2008 ◽  
Author(s):  
BENJAMIN SCHONTHAL
Keyword(s):  
Sri Lanka ◽  
Sri Lankan ◽  
Legal Activism ◽  
Liberal Constitutionalism

AbstractThis article examines the history and effects of Buddhist constitutionalism in Sri Lanka, by which is meant the inclusion of special protections and status for Buddhism in the island's 1972 and 1978 constitutions, alongside guarantees of general religious rights and other features of liberal constitutionalism. By analysing Sri Lankan constitutional disputes that have occurred since the 1970s, this article demonstrates how the ‘Buddhism Chapter’ of Sri Lanka's constitution has given citizens potent opportunities and incentives for transforming specific disagreements and political concerns into abstract contests over the nature of Buddhism and the state's obligations to protect it. Through this process, a culture of Buddhist legal activism and Buddhist-interest litigation has taken shape. This article also augments important theories about the work of ‘theocratic’ or religiously preferential constitutions and argues for an alternative, litigant-focused method of investigating them.

Liberalism, Islam, and Egypt’s Political Future

2013 ◽  
Author(s):  
Bruce K. Rutherford
Keyword(s):  
Middle Class ◽  
Institutional Change ◽  
Public Participation ◽  
Political Rights ◽  
Liberal State ◽  
Legal Code ◽  
The Future ◽  
Liberal Constitutionalism ◽  
Civil And Political Rights ◽  
Politically Active

This chapter observes that the path of institutional change advocated by market liberals shares important areas of agreement with the reforms advocated by supporters of liberal constitutionalism and Islamic constitutionalism. Each of these groups favors the creation of a more liberal state with effective constraints on its power, a clear and unbiased legal code, and protection of civil and political rights. However, there is no comparable degree of consensus on the value of broadening public participation in politics. This fact suggests that liberalism and democracy have become de-linked in the Egyptian case. Liberalism is likely to progress steadily in the future, while democracy is likely to advance slowly and unevenly. This trajectory may eventually lead to democracy at some point in the future, particularly if liberalism enhances the private sector's independence from the state and leads to a more autonomous and politically active middle class. However, this outcome is not inevitable.

Liberal Constitutionalism

2013 ◽  
Author(s):  
Bruce K. Rutherford
Keyword(s):  
Twentieth Century ◽  
Constitutional Court ◽  
Steady Regime ◽  
Leading Role ◽  
Law And Politics ◽  
Liberal Constitutionalism ◽  
Core Elements ◽  
Liberal Reform ◽  
Late Nineteenth ◽  
Bar Association

This chapter studies the emergence of liberal constitutionalism in Egypt. It examines the historical foundations of Egyptian liberalism in the late nineteenth and early twentieth centuries, and observes that this conception of governance became tightly integrated into the development of the legal profession. As a consequence, lawyers and judges became the most dedicated advocates of liberal reform. The Bar Association played a leading role in promoting the liberal cause for most of the twentieth century. However, changes in its membership and steady regime repression eventually fragmented the Bar and undermined its effectiveness. The judiciary, in contrast, has retained a strong sense of liberal identity and has developed a robust conception of liberal constitutionalism. In order to understand this approach to law and politics, the chapter studies the decisions of Egypt's major courts (the Supreme Constitutional Court, the administrative courts, and the Court of Cassation). It uses this body of jurisprudence to analyze the judiciary's views with regard to four core elements of constitutionalism: the rule of law, constraints on state power, protection of basic rights, and public participation in governance.

Postlude Pardoning and Liberal Constitutionalism

2019 ◽  
pp. 249-274
Author(s):  
Bernadette Meyler
Keyword(s):  
Immanuel Kant ◽  
Hannah Arendt ◽  
Political Theology ◽  
The State ◽  
State Of Exception ◽  
Constitutional Theory ◽  
Liberal Constitutionalism

Its historical association with monarchical sovereignty has tarred pardoning with an illiberal brush. This Postlude examines Carl Schmitt’s Constitutional Theory, Political Theology and other writings to argue that the pardon resembles the sovereign decision on the state of exception. The vision of pardoning as opposed to liberal constitutionalism dates further back than Schmitt, however; it appears as well in the writings of Immanuel Kant, one of the foundational figures of modern liberalism. Only by disassociating pardoning from sovereignty can it be reconciled with constitutionalism. The Postlude concludes by turning to the work of Hannah Arendt as one source for a non-sovereign vision of pardoning.

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