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Constitutional Preambles by Wim Voermans,Maarten Stremler Pdf
While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and the constitutional systems in which they are situated.
"[This book] is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. ... A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. ... Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good."--Publisher's website.
In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation’s fundamental law. Breslin lays out and explains the basic functions of a modern constitution—including creating a new citizenry, structuring the institutions of government, regulating conflict between layers and branches of government, and limiting the power of the sovereign. He also discusses the theoretical concepts behind the fundamentals of written constitutions and examines in depth some of the most important constitutional charters from around the world. In assaying how states put structural ideas into practice, Breslin asks probing questions about why—and if—constitutions matter. Solidly argued and engagingly written, this comparative study in constitutional thought demonstrates clearly the key components that a state’s foundational document must address. Breslin draws a critically important distinction between constitutional texts and constitutional practice.
Reconsidering Constitutional Formation I National Sovereignty by Ulrike Müßig Pdf
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as ‘creeds’ of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents’ big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the ‘renaissance’ of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu)
Explores the preamble and individual articles of the United States Constitution, as well as how this important document was written, how it has developed through the years, and how it is enforced.
Comparative Constitution Making by David Landau,Hanna Lerner Pdf
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
For Ourselves and Our Posterity by Peter Charles Hoffer Pdf
In For Ourselves and Our Posterity: The Preamble to the Federal Constitution in American History, author Peter Charles Hoffer offers a sweeping, dramatic narration of a crucial moment in Early American history. Over the course of five days in September 1787, five men serving on an ad hoc "Committee of Style and Arrangement" edited the draft of the federal Constitution at the Constitutional Convention, profoundly recasting the wording of the Preamble. In so doing, the committee changed a federation into a Union and laid out an ambitious program for national governance many years ahead of its time. The Preamble and all that it came to represent was the unique achievement of a remarkable group of men at a momentous turning point in American history. Providing a clear exposition of constitutional issues, For Ourselves and Our Posterity features individual portraits of the leading framers at the heart of this dramatic event.
Author : Michael J. C. Taylor Publisher : Peter Lang Incorporated, International Academic Publishers Page : 0 pages File Size : 53,7 Mb Release : 2019 Category : History ISBN : 1433158353
The Preamble and Mission of the Constitution by Michael J. C. Taylor Pdf
Prologue : We, the people of the United States -- Political sovereignty and its influence on American constitutionalism -- "In order to form a more perfect union" : the social contract and the reclamation of American independence -- "Establish justice" : impartiality and equity under a federal government -- Insure domestic tranquility : a united nation through a balanced government -- Provide for the common defense : protecting a new nation under the constitution -- Promote the general welfare : the federal government and the public good -- Secure the blessings of liberty : the constitution and privacy in the surveillance state -- Epilogue : do ordain and establish : the constitution and the modern American citizen
"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America
Author : Jim Twombly,Robert Irons Publisher : Peter Lang Us Page : 96 pages File Size : 41,8 Mb Release : 2021 Category : Constitutional law ISBN : 1433188031
The Preamble as Policy by Jim Twombly,Robert Irons Pdf
The Preamble as Policy examines the history of the development of the Constitution to show how the Preamble can be used to judge the laws and policies enacted by the federal government. It also investigates how past administrations have fared when evaluated through the lens of the Preamble.
The Constitution of Western Australia by Alan Fenna,Sarah Murray Pdf
This book provides the first comprehensive introduction to, and enquiry into, the rules of Western Australia’s (WA) system of government. The WA Constitution is not well known or understood ― or even easy to identify ― and this book provides an essential guide. It brings academic expertise and careful scholarship to the exploration of sometimes complex constitutional issues in a way that will be invaluable for those with specialist interest in constitutional law and government while also being engaging and accessible for a wider audience. In doing so, it combines authorial expertise from constitutional law and political science — something essential to a well-rounded understanding of the simultaneously legal and political nature of a Constitution.
