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Constitutional Identity / Gary Jeffrey Jacobsohn.

By: Material type: TextTextPublisher: Cambridge, MA : Harvard University Press, [2010]Copyright date: 2010Description: 1 online resource (388 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780674059399
Subject(s): DDC classification:
  • 342.02
Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Preface -- 1. Introduction: The Disharmonic Constitution -- 2. The Conundrum of the Unconstitutional Constitution -- 3. The Quest for a Compelling Unity -- 4. The Permeability of Constitutional Borders -- 5. The Sounds of Silence: Militant and Acquiescent Constitutionalism -- 6. “The First Page of the Constitution”: Family, State, and Identity -- 7. Conclusion -- Index
Summary: In Constitutional Identity, Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience—from a mix of the political aspirations and commitments that express a nation’s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States.Jacobsohn argues that the presence of disharmony—both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate—is critical to understanding the theory and dynamics of constitutional identity. He explores constitutional identity’s great practical importance for some of constitutionalism’s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780674059399

Frontmatter -- Contents -- Preface -- 1. Introduction: The Disharmonic Constitution -- 2. The Conundrum of the Unconstitutional Constitution -- 3. The Quest for a Compelling Unity -- 4. The Permeability of Constitutional Borders -- 5. The Sounds of Silence: Militant and Acquiescent Constitutionalism -- 6. “The First Page of the Constitution”: Family, State, and Identity -- 7. Conclusion -- Index

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

In Constitutional Identity, Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience—from a mix of the political aspirations and commitments that express a nation’s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States.Jacobsohn argues that the presence of disharmony—both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate—is critical to understanding the theory and dynamics of constitutional identity. He explores constitutional identity’s great practical importance for some of constitutionalism’s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Aug 2024)