Constitutions in Crisis: Political Violence and the Rule of Law

Priekinis viršelis
Oxford University Press, 1990-12-27 - 288 psl.
In this compelling study, which unites the fields of constitutional theory and comparative politics, John E. Finn examines how the efforts of two western liberal democracies, the United Kingdom and the Federal Republic of Germany, to cope with domestic terrorism threatens their constitutional integrity. Finn argues first that widespread political violence challenges the presuppositions of constitutional authority in any liberal democracy, namely that reason and deliberation, and not passion or will, can be the basis of political community. Terrorism therefore constitutes both a specific type of constitutional emergency and a challenge to the more general enterprise of constitutional maintenance. He then proceeds to review the efforts of the United Kingdom and Germany to control political violence through emergency legislation, and considers to what extent such measures comport with the demands of constitutionalism and the rule of law.
 

Turinys

Introduction
3
Constitutional Maintenance and the Legal Control of Political Violence
11
Constitutional Maintenance and Dissolution in Northern Ireland
47
Constitutional Maintenance and Reconstruction in Germany
135
Conclusion
219
Notes
222
Selected References
255
Index
265
Autorių teisės

Kiti leidimai - Peržiūrėti viską

Pagrindiniai terminai ir frazės

Populiarios ištraukos

4 psl. - It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.
5 psl. - When, therefore, Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union and all the guarantees of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final.

Bibliografinė informacija