Constitutional Morality And The Rise Of Quasi Law

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Constitutional Morality and the Rise of Quasi-Law

Author : Bruce P. Frohnen
Publisher : Harvard University Press
Page : 303 pages
File Size : 52,7 Mb
Release : 2016-06-13
Category : Law
ISBN : 9780674968929

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Constitutional Morality and the Rise of Quasi-Law by Bruce P. Frohnen Pdf

Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.

Constitutional Morality and the Rise of Quasi-Law

Author : Bruce P. Frohnen,George Wescott Carey
Publisher : Harvard University Press
Page : 304 pages
File Size : 50,8 Mb
Release : 2016-06-13
Category : Law
ISBN : 9780674088870

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Constitutional Morality and the Rise of Quasi-Law by Bruce P. Frohnen,George Wescott Carey Pdf

Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.

Constitutional Conscience

Author : H. Jefferson Powell
Publisher : University of Chicago Press
Page : 161 pages
File Size : 42,6 Mb
Release : 2008-09-15
Category : Law
ISBN : 9780226677309

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Constitutional Conscience by H. Jefferson Powell Pdf

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.

American Default

Author : Sebastian Edwards
Publisher : Princeton University Press
Page : 288 pages
File Size : 44,6 Mb
Release : 2019-09-10
Category : Business & Economics
ISBN : 9780691196046

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American Default by Sebastian Edwards Pdf

The untold story of how FDR did the unthinkable to save the American economy.

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
Publisher : Springer
Page : 729 pages
File Size : 46,7 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.

Defending the Republic

Author : Bruce Frohnen,Kenneth L. Grasso
Publisher : CUA Press
Page : 394 pages
File Size : 43,8 Mb
Release : 2022-10-07
Category : Law
ISBN : 9781949822243

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Defending the Republic by Bruce Frohnen,Kenneth L. Grasso Pdf

In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that politic practices in the United States have strayed very far from the founders’ designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition. This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of “constitutional morality,” the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms (“standards of behavior”) that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices. Contributors, including Francis Canavan, Claes G. Ryn, Paul Edward Gottfried, and Peter Augustine Lawler, discuss and develop Carey’s key insights, applying them to issues from the nature of majoritarian government to the purposes of constitutionalism to the decline of virtue that has accompanied the expansion of power among national and international elites. Each essay provides penetrating analysis of key aspects of our tradition, its inherent purposes, growth, and subsequent derailment, as well as the resources remaining within that tradition for the rebuilding of our constitutional order and a decent common life.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 43,9 Mb
Release : 1998
Category : History
ISBN : 0865971757

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Common Good Constitutionalism

Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 55,6 Mb
Release : 2022-02-08
Category : Political Science
ISBN : 9781509548880

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Common Good Constitutionalism by Adrian Vermeule Pdf

The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Normative Jurisprudence

Author : Robin West
Publisher : Cambridge University Press
Page : 221 pages
File Size : 49,9 Mb
Release : 2011-08-22
Category : Political Science
ISBN : 9781139504126

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Normative Jurisprudence by Robin West Pdf

Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.

Understanding Administrative Law in the Common Law World

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 49,5 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

The Missing American Jury

Author : Suja A. Thomas
Publisher : Cambridge University Press
Page : 263 pages
File Size : 48,5 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781107055650

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The Missing American Jury by Suja A. Thomas Pdf

This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

Justifying Violent Protest

Author : James Greenwood-Reeves
Publisher : Taylor & Francis
Page : 173 pages
File Size : 54,5 Mb
Release : 2022-12-30
Category : Political Science
ISBN : 9781000832365

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Justifying Violent Protest by James Greenwood-Reeves Pdf

This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as "legitimacy claims," or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue – with expressive and instrumental value in denouncing unjust laws – and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other groups internationally, in order to demonstrate that not only can violent protest be acceptable; in times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history, and philosophy, as well as others with interests in contemporary forms of protest.

Law and Legitimacy in the Supreme Court

Author : Richard H. Fallon
Publisher : Harvard University Press
Page : 237 pages
File Size : 46,8 Mb
Release : 2018-02-19
Category : Law
ISBN : 9780674975811

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Law and Legitimacy in the Supreme Court by Richard H. Fallon Pdf

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Is Administrative Law Unlawful?

Author : Philip Hamburger
Publisher : University of Chicago Press
Page : 646 pages
File Size : 48,8 Mb
Release : 2014-05-27
Category : Law
ISBN : 9780226116457

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Is Administrative Law Unlawful? by Philip Hamburger Pdf

“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Originalism's Promise

Author : Lee J. Strang
Publisher : Cambridge University Press
Page : 329 pages
File Size : 49,8 Mb
Release : 2019-08-08
Category : History
ISBN : 9781108475631

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Originalism's Promise by Lee J. Strang Pdf

Provides the first natural law justification for an originalist interpretation of the American Constitution.