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ISSN: 24477982 Year: 2015 Publisher: [Rio de Janeiro] Universidade do Estado do Rio de Janeiro

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The constitution of liberty / F.A. Hayek; with a new introd. by Irwin M. Stelzer.
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ISBN: 9780415404242 Year: 2006 Publisher: London,

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Book
War powers : the politics of constitutional authority
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ISBN: 1299476317 1400846773 9781400846771 9781299476318 9780691157221 0691157227 Year: 2013 Publisher: Princeton : Princeton University Press,

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Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.


Periodical
Ius comitiãlis.
Author:
ISSN: 25941356 Year: 2018 Publisher: Toluca, Estado de México : Universidad Nacional Autónoma de México, Facultad de Derecho,


Book
The Closed Commercial State : Perpetual Peace and Commercial Society from Rousseau to Fichte
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ISBN: 1283101505 9786613101501 1400838754 9781400838752 9780691148946 0691148945 Year: 2011 Publisher: Princeton, NJ : Princeton University Press,

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This book presents an important new account of Johann Gottlieb Fichte's Closed Commercial State, a major early nineteenth-century development of Rousseau and Kant's political thought. Isaac Nakhimovsky shows how Fichte reformulated Rousseau's constitutional politics and radicalized the economic implications of Kant's social contract theory with his defense of the right to work. Nakhimovsky argues that Fichte's sequel to Rousseau and Kant's writings on perpetual peace represents a pivotal moment in the intellectual history of the pacification of the West. Fichte claimed that Europe could not transform itself into a peaceful federation of constitutional republics unless economic life could be disentangled from the competitive dynamics of relations between states, and he asserted that this disentanglement required transitioning to a planned and largely self-sufficient national economy, made possible by a radical monetary policy. Fichte's ideas have resurfaced with nearly every crisis of globalization from the Napoleonic wars to the present, and his book remains a uniquely systematic and complete discussion of what John Maynard Keynes later termed "national self-sufficiency." Fichte's provocative contribution to the social contract tradition reminds us, Nakhimovsky concludes, that the combination of a liberal theory of the state with an open economy and international system is a much more contingent and precarious outcome than many recent theorists have tended to assume.

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