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Despite Rousseau's legacy to political thought, his contribution as
a constitutional theorist is underexplored. Drawing on his
constitutional designs for Corsica and Poland, this book argues
that Rousseau's constitutionalism is defined chiefly by its
socially directive character. His constitutional projects are not
aimed, primarily, at coordinating and containing state power in the
familiar liberal-democratic sense. Instead, they are aimed at
fostering the social conditions in which a fuller sense of freedom
- understood broadly as non-domination - can be realised across all
social domains. And in turn, since Rousseau views domination as
being deeply embedded in complex social practices, his
constitutionalism is aimed at fostering a radical austerity -
social, economic and cultural - as its foil. In locating Rousseau's
constitutional projects within his social and political theory of
servitude and domination, this book will challenge the predominant
focus and orientation of contemporary republican theory. Leading
republican thinkers have drawn on the historical republican canon
to articulate a model of constitutionalism which is, on the whole,
'liberal' in focus and orientation. This book will argue that the
more communitarian orientation of Rousseau's constitutionalism -
that is, its socially-directive focus - stems from a sophisticated
and compelling account of the sources of unfreedom in complex
societies, sources which are ignored or downplayed by the
neo-republican literature. Rousseau embraces a communitarian social
politics as part of his constitutional project precisely because,
pessimistically, he views domination as being deeply embedded in
the social relations of the liberal order.
The political theory of the Irish Constitution considers Irish
constitutional law and the Irish constitutional tradition from the
perspective of Republican theory. It analyses the central devices
and doctrines of the Irish Constitution - popular sovereignty,
constitutional rights and judicial review - in light of Republican
concepts of citizenship and civic virtue. The Constitution, it will
argue, can be understood as a framework for promoting popular
participation in government as much as a mechanism for protecting
individual liberties. It will be of interest to students and
researchers in Irish politics, political theory and constitutional
law, and to all those interested in political reform and public
philosophy in Ireland. -- .
Religion features prominently in Irish history and politics. Its
peculiar legal status represents one of the distinctive features of
the Irish constitutional tradition. The 1937 Constitution accords
religion a central position as an anchoring point of Ireland's
national identity, yet also includes ostensibly strong guarantees
of freedom of conscience and religion, and of equality on religious
grounds, that are typical of liberal-democratic constitutional
systems. It synthesizes competing theories and models, tentatively
affirming religion's public status, yet committing it to the
"private sphere" for most purposes. For the most part, the
historically close relationship between the State and the Catholic
Church found no clear mandate in the constitutional text, which,
contrary to prevailing perceptions, imposes a limited form of
Church-State separation - although the exact boundaries it imposes
remain unclear. More specifically, the legal principles and
doctrines relating to religious practice are ambiguous and
underdeveloped, particularly in issues surrounding religious
freedom and denominational autonomy. The extent to which the
Constitution protects religious activity from State interference
has never been decisively resolved; additionally, constitutional
considerations underlie resurgent contemporary controversies in the
field of Church and State - particularly in the recent public
debate on the role of religion in schools. Accordingly, Religion,
Law and the Irish State examines the constitutional framework
governing State and religion in the broader context of the history,
politics, and theory of the Church-State relationship. From a
lawyer's perspective, the book provides an account of the case law
and doctrine in specific areas, including religious freedom,
religious equality, denominational autonomy, and Church-State
separation, while also giving these subjects a comparative and
theoretical treatment. For those approaching Church and State from
different perspectives - including historians, political
scientists, sociologists, and theologians - it offers an accessible
and contextual account of the constitutional dimensions of the
State-religion relationship. It explores the constitutional
provisions as an expression of, but also a potential fetter upon,
the evolving social and political role of religion.
Despite Rousseau's legacy to political thought, his contribution as
a constitutional theorist is underexplored. Drawing on his
constitutional designs for Corsica and Poland, this book argues
that Rousseau's constitutionalism is defined chiefly by its
socially directive character. His constitutional projects are not
aimed, primarily, at coordinating and containing state power in the
familiar liberal-democratic sense. Instead, they are aimed at
fostering the social conditions in which a fuller sense of freedom
- understood broadly as non-domination - can be realised across all
social domains. And in turn, since Rousseau views domination as
being deeply embedded in complex social practices, his
constitutionalism is aimed at fostering a radical austerity -
social, economic and cultural - as its foil. In locating Rousseau's
constitutional projects within his social and political theory of
servitude and domination, this book will challenge the predominant
focus and orientation of contemporary republican theory. Leading
republican thinkers have drawn on the historical republican canon
to articulate a model of constitutionalism which is, on the whole,
'liberal' in focus and orientation. This book will argue that the
more communitarian orientation of Rousseau's constitutionalism -
that is, its socially-directive focus - stems from a sophisticated
and compelling account of the sources of unfreedom in complex
societies, sources which are ignored or downplayed by the
neo-republican literature. Rousseau embraces a communitarian social
politics as part of his constitutional project precisely because,
pessimistically, he views domination as being deeply embedded in
the social relations of the liberal order.
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