Constitutional Fictions

Author : David L Faigman
Publisher : Oxford University Press
Page : 248 pages
File Size : 55,5 Mb
Release : 2008-08-18
Category : Law
ISBN : 9780199712311

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Constitutional Fictions by David L Faigman Pdf

David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, Faigman provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars. To show how contemporary facts play into constitutional analysis, Faigman examines some of the most controversial subjects of the late twentieth century, including physician-assisted suicide, abortion, sexual predators, free speech, and privacy. The Constitution is popularly thought of as a static document that embodies fundamental values and foundational principles of governance. However, the values and principles that the Constitution embodies must be applied to the circumstances and challenges of changing times. Constitutional Fictions explains how contemporary facts should be incorporated into constitutional decisions, thus allowing the Constitution to endure for the ages.

Author : L. H. LaRue
Publisher : Penn State Press
Page : 172 pages
File Size : 54,8 Mb
Release : 2010-11-01
Category : Law
ISBN : 9780271039275

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Constitutional Law as Fiction by L. H. LaRue Pdf

Author : Anonim
Publisher : Unknown
Page : 230 pages
File Size : 40,6 Mb
Release : 2008
Category : Constitution
ISBN : 0199866872

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Constitutional Fictions by Anonim Pdf

David Faigman examines the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, he provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars.

Author : Mark Tushnet,Dimitry Kochenov
Publisher : Edward Elgar Publishing
Page : 777 pages
File Size : 54,6 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781839101649

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Research Handbook on the Politics of Constitutional Law by Mark Tushnet,Dimitry Kochenov Pdf

This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.

Author : Charles W. Pierson
Publisher : DigiCat
Page : 127 pages
File Size : 48,9 Mb
Release : 2022-09-16
Category : History
ISBN : EAN:8596547351122

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Our Changing Constitution by Charles W. Pierson Pdf

DigiCat Publishing presents to you this special edition of "Our Changing Constitution" by Charles W. Pierson. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.

Author : Martin Belov
Publisher : Bloomsbury Publishing
Page : 361 pages
File Size : 44,8 Mb
Release : 2022-06-30
Category : Law
ISBN : 9781509931415

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Constitutional Semiotics by Martin Belov Pdf

This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

Author : Anne Carter
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 46,8 Mb
Release : 2022-01-27
Category : Law
ISBN : 9781509937004

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Proportionality and Facts in Constitutional Adjudication by Anne Carter Pdf

This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

Author : Ian Ward
Publisher : Hart Publishing
Page : 227 pages
File Size : 45,5 Mb
Release : 2004-07-30
Category : History
ISBN : 9781841134314

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The English Constitution by Ian Ward Pdf

This book aims to provide a stimulating text for both academics and students; advancing a series of original ideas about the English constitution.

Author : Sotirios A. Barber
Publisher : Princeton University Press
Page : 192 pages
File Size : 51,9 Mb
Release : 2009-01-10
Category : Political Science
ISBN : 9781400825837

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Welfare and the Constitution by Sotirios A. Barber Pdf

Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself.

Author : William Martin
Publisher : Forge Books
Page : 640 pages
File Size : 44,8 Mb
Release : 2008-06-03
Category : Fiction
ISBN : 0765354462

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The Lost Constitution by William Martin Pdf

Rare-book expert Peter Fallon and his girlfriend, Evangeline, the main characters from Back Bay and Harvard Yard, are back for another treasure hunt through time. They have learned of an early, annotated draft of the Constitution, stolen and smuggled out of Philadelphia. The draft's marginal notes spell out, in shocking detail, the Founders' unequivocal intentions---the unmistakable meaning of the Bill of Rights. Peddled and purloined, trafficked and concealed for over two centuries, the lost Constitution could forever change America's history---and its future. Moreover, Congress is already at war, fighting tooth and claw over the eternally contentious Bill of Rights. When word gets out of the lost draft's existence, it launches a frenzied search, as both sides of the partisan machine believe it will reinforce their arguments. While battling politicians from both sides of the debate, Peter and Evangeline must get to the document first, because they know that if the wrong people find it, they will burn it, stripping the nation of its constitutional moorings. The search takes Peter and Evangeline into the rich history of America and New England, from Shay's Rebellion to the birth of the American industrial revolution to the march of the legendary 20th Maine in the Civil War. Past and present play off one another as the search for the draft heats up. It finally boils over on the first night of the World Series, at that Mecca of New England, Boston's fabled Fenway Park, and the truth is finally revealed....

Author : Albert Venn Dicey
Publisher : London : Macmillan
Page : 462 pages
File Size : 40,5 Mb
Release : 1889
Category : Constitutional history
ISBN : HARVARD:HWXI48

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Introduction to the Study of the Law of the Constitution by Albert Venn Dicey Pdf

Author : W. Charles Pierson
Publisher : Unknown
Page : 120 pages
File Size : 44,7 Mb
Release : 2007-07-01
Category : Electronic
ISBN : 1435319567

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Our Changing Constitution by W. Charles Pierson Pdf

Author : WILLIAM ARTHUR
Publisher : Unknown
Page : 490 pages
File Size : 46,8 Mb
Release : 1877
Category : Electronic
ISBN : OXFORD:600101821

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THE KINGS & THE PEOPLE by WILLIAM ARTHUR Pdf

Author : A.V. Dicey
Publisher : Springer
Page : 729 pages
File Size : 44,5 Mb
Release : 1985-09-30
Category : Social Science
ISBN : 9781349179688

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An Introduction to the Study of the Law of the Constitution by A.V. Dicey Pdf

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Author : Christopher May,Adam Winchester
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 48,8 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781786432445

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Handbook on the Rule of Law by Christopher May,Adam Winchester Pdf

The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.