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Edward McWhinney
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Chapters in this book
- Frontmatter i
- Acknowledgments vii
- Contents ix
- Preface xi
- 1. Constitutions and constitutionalism 1
- 2. Constituent power: the when and why of constitution-making 12
- 3. The constitution-makers: who does what? 24
- 4. The art of constitution-making: the how and what of drafting 42
- 5. The principal antinomies of contemporary constitution-making: the presidential executive or government by assembly 67
- 6. Constitutional antinomies: centralization and decentralization: federalism, regionalism and devolution 75
- 7. Constitutionalism and 'extraordinary powers': the concept of constitutional emergency 81
- 8. Man and the state: the 'Open Society' and affirmative action 86
- 9. Political representation: direct and indirect elections: individual and group representation 96
- 10. Control of constitutionality: judicial review, and government by the judiciary 111
- 11. The limits and possibilities of contemporary constitutionalism 126
- 12. Some rules of constitutional-prudence for contemporary constitution-makers 133
- Appendix. Extracts from major constitutional charters 137
- Bibliography 219
- Index 227
Chapters in this book
- Frontmatter i
- Acknowledgments vii
- Contents ix
- Preface xi
- 1. Constitutions and constitutionalism 1
- 2. Constituent power: the when and why of constitution-making 12
- 3. The constitution-makers: who does what? 24
- 4. The art of constitution-making: the how and what of drafting 42
- 5. The principal antinomies of contemporary constitution-making: the presidential executive or government by assembly 67
- 6. Constitutional antinomies: centralization and decentralization: federalism, regionalism and devolution 75
- 7. Constitutionalism and 'extraordinary powers': the concept of constitutional emergency 81
- 8. Man and the state: the 'Open Society' and affirmative action 86
- 9. Political representation: direct and indirect elections: individual and group representation 96
- 10. Control of constitutionality: judicial review, and government by the judiciary 111
- 11. The limits and possibilities of contemporary constitutionalism 126
- 12. Some rules of constitutional-prudence for contemporary constitution-makers 133
- Appendix. Extracts from major constitutional charters 137
- Bibliography 219
- Index 227