In the fourth volume of the Vienna Lectures on Legal Philosophy, scholars in contemporary jurisprudence and constitutional theory discuss who gets to decide and who gets to act when constitutional law is silent or fundamentally controversial.
It is the very purpose of Constitutions to settle disagreements: to determine who gets to decide and who gets to act when it comes to the polity and its members. But what if, instead of settling disagreements among those subjected to it, the Constitution itself, its end, its functions, its meaning, its existence, becomes the subject of disagreements? What if the Constitution raises issues it is unable to address from the very outset? Who gets to decide then and who gets to act?
In a time in which constitutional crises seem to be too ubiquitous to still count as exceptions, questions such as these are asked with ever-increasing urgency. The answers to these questions cannot be found in arguments based on contingent legal stipulations but have to reach beyond the vague and fleeting instructions of positive law.
It is the very purpose of Constitutions to settle disagreements: to determine who gets to decide and who gets to act when it comes to the polity and its members. But what if, instead of settling disagreements among those subjected to it, the Constitution itself, its end, its functions, its meaning, its existence, becomes the subject of disagreements? What if the Constitution raises issues it is unable to address from the very outset? Who gets to decide then and who gets to act?
In a time in which constitutional crises seem to be too ubiquitous to still count as exceptions, questions such as these are asked with ever-increasing urgency. The answers to these questions cannot be found in arguments based on contingent legal stipulations but have to reach beyond the vague and fleeting instructions of positive law.
Płać wygodnie kartą, Klarną, Apple Pay lub Google Pay. Nie jesteś zadowolony? Zawsze masz 14-dniową gwarancję zwrotu pieniędzy. Więcej przeczytasz w naszych warunkach. Masz pytania? Napisz do nas na hello@memmo.org.
Memmo ułatwia naukę – gdziekolwiek jesteś na świecie. U nas znajdziesz podręczniki i sprytne narzędzia do nauki w jednym miejscu: streszczenia, quizy, podcasty i fiszki. A do tego Ted, Twój kumpel do nauki, który odpowie na wszystko, co Cię nurtuje. Ponad 50 000 studentów już tu się uczy – stworzone, byś uczył się szybciej i mniej stresował.