Sandro, P orcid.org/0000-0002-0601-9031 (2022) The Making of Constitutional Democracy: From Creation to Application of Law. Bloomsbury Publishing , Oxford , (331pp). ISBN 9781509905225
Abstract
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable.
The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded.
After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine.
Metadata
Item Type: | Book |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | Copyright © Paolo Sandro, 2022. This work is published open access subject to a Creative Commons Attribution 4.0 licence (CC BY 4.0, https://creativecommons.org/licenses/by/4.0/). You may re-use, distribute, reproduce, and adapt this work in any medium, including for commercial purposes, provided you give attribution to the copyright holder and the publisher, provide a link to the Creative Commons licence, and indicate if changes have been made. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 13 Dec 2021 10:49 |
Last Modified: | 12 Oct 2023 12:42 |
Published Version: | https://www.bloomsburycollections.com/monograph?do... |
Status: | Published |
Publisher: | Bloomsbury Publishing |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:181461 |
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Filename: The Making of Constitutional Democracy From Creation to Application of Law.pdf
Licence: CC-BY 4.0