Constitutional Choices

Author : Laurence H. Tribe
Publisher : Harvard University Press
Page : 486 pages
File Size : 45,7 Mb
Release : 1985
Category : Law
ISBN : 0674165381

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Constitutional Choices by Laurence H. Tribe Pdf

Challenging the ruling premises underlying many of the Supreme Court's positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve to defend its constitutional rulings. Tribe explains how the Court's "calculus" systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices, Tribe exposes what has gone wrong and suggests how the Court can reclaim the historic role entrusted to it by the Constitution. ISBN 0-674-16538-1: $29.95.

Author : Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe
Publisher : Harvard University Press
Page : 157 pages
File Size : 43,5 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9780674044456

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On Reading the Constitution by Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe Pdf

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Author : Lydia Tiede
Publisher : Cambridge University Press
Page : 325 pages
File Size : 46,6 Mb
Release : 2022-08-04
Category : Law
ISBN : 9781009079228

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Judicial Vetoes by Lydia Tiede Pdf

How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.

Author : Louis M. Imbeau,Steve Jacob
Publisher : Springer
Page : 243 pages
File Size : 55,5 Mb
Release : 2015-02-19
Category : Political Science
ISBN : 9783319149530

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Behind a Veil of Ignorance? by Louis M. Imbeau,Steve Jacob Pdf

This volume is a very interesting research project that includes the most careful work on constitutional power and limits to authority of which I am aware. In general, the contributors find that constitutional negotiations normally took place in settings where uncertainty was considerable. They also find that the more detailed the characterization of power relationships, the more liberal and durable the democracy tends to be. Roger D. Congleton This book addresses the issue of the impact of uncertainty in constitutional design. To what extent do constitution drafters and adopters make their decisions behind a veil of ignorance? More fundamentally, can we infer from constitutional texts the degree of uncertainty faced by constitution drafters and adopters? After an introduction (chapter 1), the book proceeds in two parts. The first part (chapters 2 to 4) introduces to the intellectual filiation of the project and to its theoretical and methodological foundations. The second part (chapters 5 to 13) presents nine case studies built on the same structure: historical account of the making of the Constitution, results of the content analysis of the constitutional text, and discussion of specific issues raised in the analysis. Chapter 14 concludes.

Author : George W. Adams,Queen's University (Kingston, Ont.). Industrial Relations Centre
Publisher : Kingston, Ont. : Industrial Relations Centre, Queen's University
Page : 28 pages
File Size : 49,6 Mb
Release : 1992
Category : Retirement, Mandatory
ISBN : CORNELL:31924062339746

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Mandatory Retirement and Constitutional Choices by George W. Adams,Queen's University (Kingston, Ont.). Industrial Relations Centre Pdf

Author : Richard Moon
Publisher : University of Toronto Press
Page : 330 pages
File Size : 41,8 Mb
Release : 2000-01-01
Category : Law
ISBN : 0802078362

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The Constitutional Protection of Freedom of Expression by Richard Moon Pdf

Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

Author : James M. Buchanan,Gordon Tullock
Publisher : Selected Works of Gordon Tullo
Page : 0 pages
File Size : 45,8 Mb
Release : 2004
Category : Political Science
ISBN : 0865975329

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The Calculus of Consent by James M. Buchanan,Gordon Tullock Pdf

The Calculus of Consent, the second volume of Liberty Fund's The Selected Works of Gordon Tullock, is a reprint edition of the ground-breaking economic classic written by two of the world's preeminent economists--Gordon Tullock and Nobel Laureate James M. Buchanan. This book is a unique blend of economics and political science that helped create significant new subfields in each discipline respectively, namely, the public choice school and constitutional political economy. Charles K. Rowley, Duncan Black Professor of Economics at George Mason University, points out in his introduction, "The Calculus of Consent is, by a wide margin, the most widely cited publication of each coauthor and, by general agreement, their most important scientific contribution." The Calculus of Consent is divided into four parts, each consisting of several chapters. The introduction by Professor Rowley provides a short overview of the book and identifies key insights that permeated the bounds of economics and political science and created an enduring nexus between the two sciences. Part I of The Calculus of Consent establishes the conceptual framework of the book's subject; part II defines the realm of social choice; part III applies the logic developed in part II to describe a range of decision-making rules, most notably, the rule of simple majority; and part IV explores the economics and ethics of democracy. Gordon Tullock is Professor Emeritus of Law at George Mason University, where he was Distinguished Research Fellow in the Center for Study of Public Choice and University Professor of Law and Economics. He also taught at the University of South Carolina, the University of Virginia, Rice University, Virginia Polytechnic Institute and State University, and the University of Arizona. In 1966 he founded the journal that became Public Choice and remained its editor until 1990. James M. Buchanan is an eminent economist who won the Alfred Nobel Memorial Prize in Economic Sciences in 1986 and is considered one of the greatest scholars of liberty of the twentieth century. He is also Professor Emeritus at George Mason and Virginia Tech Universities. Charles K. Rowley was Duncan Black Professor of Economics at George Mason University and a Senior Fellow of the James M. Buchanan Center for Political Economy at George Mason University. He was also General Director of the Locke Institute.

Author : Charles Rowley,Friedrich Schneider
Publisher : Springer Science & Business Media
Page : 617 pages
File Size : 53,7 Mb
Release : 2008-08-09
Category : Political Science
ISBN : 9780387758701

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Readings in Public Choice and Constitutional Political Economy by Charles Rowley,Friedrich Schneider Pdf

Public choice is the study of behavior at the intersection of economics and political science. Since the pioneering work of Duncan Black in the 1940s, public choice has developed a rich literature, drawing from such related perspectives as history, philosophy, law, and sociology, to analyze political decision making (by citizen-voters, elected officials, bureaucratic administrators, lobbyists, and other "rational" actors) in social and economic context, with an emphasis on identifying differences between individual goals and collective outcomes. Constitutional political economy provides important insights into the relationship between effective constitutions and the behavior of ordinary political markets. In Readings in Public Choice and Constitutional Political Economy, Charles Rowley and Friedrich Schneider have assembled an international array of leading authors to present a comprehensive and accessible overview of the field and its applications. Covering a wide array of topics, including regulation and antitrust, taxation, trade liberalization, political corruption, interest group behavior, dictatorship, and environmental issues, and featuring biographies of the founding fathers of the field, this volume will be essential reading for scholars and students, policymakers, economists, sociologists, and non-specialist readers interested in the dynamics of political economy.

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 128 pages
File Size : 52,8 Mb
Release : 2013-06-17
Category : Political Science
ISBN : 9781107355170

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Making Constitutions by Gabriel L. Negretto Pdf

Negretto provides the first systematic explanation of the origins of constitutional designs from an analytical, historical and comparative perspective. Based on analysis of constitutional change in Latin America from 1900 to 2008 and four detailed case studies, Negretto shows the main determinants of constitutional choice are the past performance of constitutions in providing effective and legitimate instruments of government and the strategic interests of the actors who have influence over institutional selection. The book explains how governance problems shape the general guidelines for reform, while strategic calculations and power resources affect the selection of specific alternatives of design. It emphasizes the importance of events that trigger reform and the designers' level of electoral uncertainty for understanding the relative impact of short-term partisan interests on constitution writing. Negretto's study challenges predominant theories of institutional choice and paves the way for the development of a new research agenda on institutional change.

Author : Peter H. Russell,Christian Leuprecht
Publisher : University of Toronto Press
Page : 529 pages
File Size : 47,7 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9781442603684

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Essential Readings in Canadian Constitutional Politics by Peter H. Russell,Christian Leuprecht Pdf

Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.

Author : Michael J. Perry
Publisher : Oxford University Press
Page : 177 pages
File Size : 43,8 Mb
Release : 1999-01-21
Category : Political Science
ISBN : 9780195351347

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Religion in Politics by Michael J. Perry Pdf

Most Americans are religious believers. Among these there is disagreement about many fundamental religious/moral matters. Because the United States is both such a religious country and such a religiously pluralistic country, the issue of the proper role of religion in politics is extremely important to political debate. In Religion in Politics, Michael Perry addresses a fundamental question: what role may religious arguments play, if any, either in public debate about what political choices to make or as a basis of political choice? He is principally concerned with political choices that ban or otherwise disfavor one or another sort of human conduct based on the view that the conduct is immoral. He divides the controversy into two debates: the constitutionally proper role of religious arguments in politics, and a related, but distinct, debate about the morally proper role. Perry concludes that political choices about the morality of human conduct should not be based on religion. The newest work by one of the most important constitutional theorists writing today, Religion in Politics is sure to spark a new debate on the subject.

Author : Eugene Wambaugh
Publisher : Unknown
Page : 1068 pages
File Size : 42,8 Mb
Release : 1915
Category : Electronic
ISBN : 0722273517

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A selection of cases on constitutional law by Eugene Wambaugh Pdf

Author : Brannon Denning
Publisher : Aspen Publishing
Page : 468 pages
File Size : 40,7 Mb
Release : 2014-09-29
Category : Law
ISBN : 9781454858232

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Glannon Guide to Constitutional Law by Brannon Denning Pdf

Glannon Guide to Constitutional Law: Individual Rights and Liberties is a concise, clear, and effective review of Individual Rights and Liberties topics in Constitutional Law that is organized around multiple-choice questions. Brief explanatory text about a topic is followed by one or two multiple-choice questions. After each question, the author explains how the correct choice was identified thereby helping the student to review course content and at the same time learn how to analyze exam questions. Following the proven Glannon Guide format, this concise paperback: Integrates multiple-choice questions into a full-fledged review of a Constitutional Law/Individual Rights and Liberties course. Prepares students with an initial discussion of law to learn effectively from subsequent questions in the text. Provides clear explanations of correct and incorrect answers that help to clarify nuances in the law. Presents sophisticated but fair multiple-choice questions that are neither too difficult nor unrealistically straightforward. Is valuable to all students regardless of whether they will be tested by multiple-choice or essay questions on their exams. Embodies a far more user-friendly and interactive approach than other exam preparation aids. Illustrates a sophisticated problem in the area under discussion with a more challenging final question in each chapter (the "Closer" ). Provide practice and helpful review of concepts in earlier chapters with "Closing Closer" questions in the last chapter. Intersperses valuable exam-taking pointers throughout the text.

Author : Keith Dougherty,Julian Edward
Publisher : Springer Science & Business Media
Page : 120 pages
File Size : 42,5 Mb
Release : 2011-03-16
Category : Political Science
ISBN : 9780387981710

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The Calculus of Consent and Constitutional Design by Keith Dougherty,Julian Edward Pdf

Buchanan and Tullock’s seminal work, The Calculus of Consent, linked economic methodology to substantive questions in political science. Among the major contributions of their book is a connection between constitutional decision making and contractarianism, a philosophical tradition that proponents believe can give institutions legitimacy. In other words, a major contribution of their book is a clear connection between empirical decision making and normative principles. The current book formalizes and extends their foundational ideas as it attempts to show how economic and philosophical arguments about the "best" voting rules can be used to improve constitutional design. It informs debates about constitutional political economy in comparative politics, democratic theory, and public choice. Political scientists often ask questions about what causes a nation to seek a new constitution, how constitutions are made, and what factors allow for corrupt decision making. The Calculus of Consent and Constitutional Design bridges the gap between normative questions about which institutions are most efficient and fair and empirical questions about how constitutions are formed. This provides a benchmark to help create better constitutions and informs empirical research about what institutions are most likely to succeed. The book begins by showing how contractarian ideals can be used to justify choices about decision-making. It then carefully defines several concepts employed by Buchanan and Tullock and shows why the relationships between these concepts may not be as closely linked as Buchanan and Tullock first thought. This provides a backdrop for analyzing the three phases of constitutional decision-making: 1) the constitutional phase, where rules for constitutional decision making must be justified; 2) the legislative phase, where the optimal k-majority rule is analyzed; and 3) the electoral phase, where the optimal voting rule for large electorates and open alternatives are determined. These phases differ by context and sources of legitimacy. Computational models and analytic techniques are introduced in each of these chapters. Finally, the book concludes with statements about the significance of the research for the creation of constitutions more broadly.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 46,5 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf