A Sociology of Constitutions: Constitutions and State by Chris Thornhill

By Chris Thornhill

Utilizing a strategy that either analyzes specific constitutional texts and theories and reconstructs their historic evolution, Chris Thornhill examines the social function and legitimating prestige of constitutions from the 1st quasi-constitutional files of medieval Europe, in the course of the classical interval of innovative constitutionalism, to fresh approaches of constitutional transition. A Sociology of Constitutions explores the explanations why sleek societies require constitutions and constitutional norms and provides a particular socio-normative research of the constitutional preconditions of political legitimacy.Review"This publication discusses in a hugely unique and complicated demeanour facets of the makings and workings of constitutions, whose value (both highbrow and sensible) has now not been formerly well-known. it's going to identify itself because the cornerstone of a brand new line of scholarship, complementary to extra traditional old and juridical ways to constitutional analysis."- Gianfranco Poggi, collage of Trento"This is a vital publication if you happen to search to appreciate the sociological strategies focused on the improvement of states and their constitutions. It has the good benefit of supplying significant element in help of its thesis and hence plentiful ammunition to problem the numerous substitute theories of the advance of the fashionable state."- Richard Nobles, the fashionable legislation ReviewBook DescriptionCombining textual research of constitutions and ancient reconstruction of formative social tactics, Chris Thornhill examines the legitimating function of constitutions from the 1st quasi-constitutional records in medieval Europe to contemporary constitutional transitions. [C:\Users\Microsoft\Documents\Calibre Library]

Show description

Read or Download A Sociology of Constitutions: Constitutions and State Legitimacy in Historical- Sociological Perspective PDF

Best constitutional law books

American constitutional law : essays, cases, and comparative notes [V. 2]

AMERICAN CONSTITUTIONAL legislations provides a accomplished examine the advance of yank constitutional legislations from its early, seminal ideally suited proceedings (Marbury v. Madison) to the current. the great e-book is geared up characteristically, starting with governmental powers and concluding with civil rights and civil liberties.

The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law

This quantity presents the 1st English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional evaluation. It comprises Kelsen's seminal piece, 'The Nature and improvement of Constitutional Adjudication', in addition to key extracts from the 'Guardian of the structure' which current Schmitt's argument opposed to constitutional assessment.

Additional resources for A Sociology of Constitutions: Constitutions and State Legitimacy in Historical- Sociological Perspective

Sample text

002 Cambridge Books Online © Cambridge University Press, 2012 22 medieval constitutions mentioned, feudal lords often purchased support for their power by allocating private rights or offering indemnities in respect of judicial force, taxation and service. For this reason, earlier feudal societies tended to be highly particularized and endemically violent, they embedded reserves of power in deeply privatized local and familial milieux, and they had limited recourse to a reliably centralized or regular legal apparatus.

It is often claimed that the investiture contests marked the beginning of an era of papal monarchy, in which the papacy rebutted the claims to universal Empire made by the Holy Roman emperors, and that through the resolution of these contests the papacy assumed extensive powers in relation to and even over worldly rulers, so that the church asserted its authority as the dominant political agent in European society (Calasso 1954: 171). In most instances, however, the investiture contests actually ended in a bilateral clarification of the legal relation between church and state, in which ecclesiastical power in spiritual matters was established as an exclusive principle and in which the exclusive authority of temporal 12 This was vital in some of the earliest Italian comuni, where the urban constitutions were often legitimized by the exchange of oaths to keep the peace: the treuga dei was at the foundation of the comuni (Keller 1982: 67).

This, in turn, brought an expansion in the size of government, it increased the mass of social exchange that was administered through governmental power, and it increased the need for regular consistent legal order to delineate the obligations underlying government. The period of legal and political transition in question here was emphatically not a period of widespread de-feudalization: that is, it did not detach power from private land holding, or integrate rights and lands granted either as feoffs or under feudal immunity into a vertical state apparatus.

Download PDF sample

Rated 4.75 of 5 – based on 16 votes