Add to ORKGThis essay presents an overview of key elements of the discipline of political jurisprudence. It explains the significance of such basic concepts as politics, state, constitution to the building of political authority and examines, in particular, the significance of two different concepts of power: potestas, the power generated by being-in-common and experienced as ‘power to’, and potentia, the ability to achieve intended effects, experienced as ‘power over’. Political jurisprudence, it argues, entails more than the explication of certain principles of political right. Of its nature, it expresses an endless tension between different conceptions of right and maintains that reconciliation is transitory, the result of prudential judgment
This brief essay describes what critical legal scholars said – or perhaps more accurately – would ha...
The People Themselves develops the idea that constitutional law is a special kind of law, political ...
The essay falls into three major parts. In the first part, we explain and describe what we believe t...
Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experie...
This essay examines the development of the Western conception of political order, which has changed ...
Political jurisprudence provides a reconstruction of the enabling conditions of public law and a met...
The essay seeks to make contributions to the clarification of the conceptual relation between law an...
The paper argues that the impact of the constitutional review on the autonomy of law before politic...
Within the classical tripartition of powers, courts and tri- bunals have always held the most margin...
This article argues that debate about the relation between legality and legitimacy is the defining c...
This article is part of a symposium issue on Scott Shapiro\u27s book, Legality. It explores the ques...
Two concepts have been (and continue to be) extremely influential in the political analysis of legal...
To argue that constitutional adjudication is political does not carry us very far unless we go on to...
This Essay summarizes and perhaps extends slightly some important recent work, mostly by political s...
This essay on judicial review approaches its subject obliquely. It focuses on a particular site of c...
This brief essay describes what critical legal scholars said – or perhaps more accurately – would ha...
The People Themselves develops the idea that constitutional law is a special kind of law, political ...
The essay falls into three major parts. In the first part, we explain and describe what we believe t...
Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experie...
This essay examines the development of the Western conception of political order, which has changed ...
Political jurisprudence provides a reconstruction of the enabling conditions of public law and a met...
The essay seeks to make contributions to the clarification of the conceptual relation between law an...
The paper argues that the impact of the constitutional review on the autonomy of law before politic...
Within the classical tripartition of powers, courts and tri- bunals have always held the most margin...
This article argues that debate about the relation between legality and legitimacy is the defining c...
This article is part of a symposium issue on Scott Shapiro\u27s book, Legality. It explores the ques...
Two concepts have been (and continue to be) extremely influential in the political analysis of legal...
To argue that constitutional adjudication is political does not carry us very far unless we go on to...
This Essay summarizes and perhaps extends slightly some important recent work, mostly by political s...
This essay on judicial review approaches its subject obliquely. It focuses on a particular site of c...
This brief essay describes what critical legal scholars said – or perhaps more accurately – would ha...
The People Themselves develops the idea that constitutional law is a special kind of law, political ...
The essay falls into three major parts. In the first part, we explain and describe what we believe t...