Defending Freedom Of Contract Constitutional Solutions To Resolve The Political Divide

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Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide

Author : Patrick Bohan
Publisher : Lulu.com
Page : 424 pages
File Size : 53,6 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781684703272

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Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide by Patrick Bohan Pdf

The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.

Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide

Author : Patrick Bohan
Publisher : Lulu.com
Page : 424 pages
File Size : 46,9 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781684703296

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Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide by Patrick Bohan Pdf

The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.

Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 53,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Limits of Tolerance

Author : Sebastian Brett,Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 210 pages
File Size : 45,9 Mb
Release : 1998
Category : Political Science
ISBN : 1564321924

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Limits of Tolerance by Sebastian Brett,Human Rights Watch (Organization) Pdf

History and Legal Norms

In Defense of the Constitution

Author : George Wescott Carey
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 1989
Category : Law
ISBN : 0865971382

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In Defense of the Constitution by George Wescott Carey Pdf

In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

How Our Laws are Made

Author : John V. Sullivan
Publisher : Unknown
Page : 72 pages
File Size : 54,5 Mb
Release : 2007
Category : Government publications
ISBN : PURD:32754073527669

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How Our Laws are Made by John V. Sullivan Pdf

Dred Scott and the Problem of Constitutional Evil

Author : Mark A. Graber
Publisher : Cambridge University Press
Page : 300 pages
File Size : 45,5 Mb
Release : 2006-07-03
Category : History
ISBN : 1139457071

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Dred Scott and the Problem of Constitutional Evil by Mark A. Graber Pdf

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

Electoral Systems and Conflict in Divided Societies

Author : Ben Reilly,Andrew Reynolds,Committee on International Conflict Resolution,Commission on Behavioral and Social Sciences and Education,Division of Behavioral and Social Sciences and Education,National Research Council
Publisher : National Academies Press
Page : 73 pages
File Size : 50,9 Mb
Release : 1999-05-04
Category : Technology & Engineering
ISBN : 9780309519106

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Electoral Systems and Conflict in Divided Societies by Ben Reilly,Andrew Reynolds,Committee on International Conflict Resolution,Commission on Behavioral and Social Sciences and Education,Division of Behavioral and Social Sciences and Education,National Research Council Pdf

This paper is one of a series being prepared for the National Research Council's Committee on International Conflict Resolution. The committee was organized in late 1995 to respond to a growing need for prevention, management, and resolution of violent conflict in the international arena, a concern about the changing nature and context of such conflict in the post-Cold War era, and a recent expansion of knowledge in the field. The committee's main goal is to advance the practice of conflict resolution by using the methods and critical attitude of science to examine the effectiveness of various techniques and concepts that have been advanced for preventing, managing, and resolving international conflicts. The committee's research agenda has been designed to supplement the work of other groups, particularly the Carnegie Corporation of New York's Commission on Preventing Deadly Conflict, which issued its final report in December 1997. The committee has identified a number of specific techniques and concepts of current interest to policy practitioners and has asked leading specialists on each one to carefully review and analyze available knowledge and to summarize what is known about the conditions under which each is or is not effective. These papers present the results of their work.

Judicial Power

Author : Christine Landfried
Publisher : Cambridge University Press
Page : 411 pages
File Size : 51,8 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781108425667

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Judicial Power by Christine Landfried Pdf

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Law and Administration

Author : Carol Harlow,Richard Rawlings
Publisher : Cambridge University Press
Page : 881 pages
File Size : 55,9 Mb
Release : 2009-08-20
Category : Law
ISBN : 9780521197076

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Law and Administration by Carol Harlow,Richard Rawlings Pdf

A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.

The Constitution Act, 1982

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 51,8 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Introducing Democracy

Author : David Beetham,C. Kevin Boyle
Publisher : UNESCO
Page : 133 pages
File Size : 54,8 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9789231040870

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Introducing Democracy by David Beetham,C. Kevin Boyle Pdf

Presents a selection of questions and answers covering the principles of democracy, including human rights, free and fair elections, open and accountable government, and civil society.

The English Constitution

Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 49,9 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806

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The English Constitution by Walter Bagehot Pdf

There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

Principles of Politics Applicable to All Governments

Author : Benjamin Constant
Publisher : Unknown
Page : 594 pages
File Size : 50,9 Mb
Release : 2003
Category : History
ISBN : IND:30000081673240

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Principles of Politics Applicable to All Governments by Benjamin Constant Pdf

Benjamin Constant (1767-1830) was born in Switzerland and became one of France's leading writers, as well as a journalist, philosopher, and politician. His colourful life included a formative stay at the University of Edinburgh; service at the court of Brunswick, Germany; election to the French Tribunate; and initial opposition and subsequent support for Napoleon, even the drafting of a constitution for the Hundred Days. Constant wrote many books, essays, and pamphlets. His deepest conviction was that reform is hugely superior to revolution, both morally and politically. While Constant's fluid, dynamic style and lofty eloquence do not always make for easy reading, his text forms a coherent whole, and in his translation Dennis O'Keeffe has focused on retaining the 'general elegance and subtle rhetoric' of the original. Sir Isaiah Berlin called Constant 'the most eloquent of all defenders of freedom and privacy' and believed to him we owe the notion of 'negative liberty', that is, what Biancamaria Fontana describes as "the protection of individual experience and choices from external interferences and constraints." To Constant it was relatively unimportant whether liberty was ultimately grounded in religion or metaphysics -- what mattered were the practical guarantees of practical freedom -- "autonomy in all those aspects of life that could cause no harm to others or to society as a whole." This translation is based on Etienne Hofmann's critical edition of Principes de politique (1980), complete with Constant's additions to the original work.

The Classical Liberal Constitution

Author : Richard A. Epstein
Publisher : Harvard University Press
Page : 889 pages
File Size : 42,9 Mb
Release : 2014-01-06
Category : Law
ISBN : 9780674727809

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The Classical Liberal Constitution by Richard A. Epstein Pdf

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic