Legal Interpretation In Democratic States

Author : Tom D. Campbell
Publisher : Unknown
Page : 286 pages
File Size : 42,9 Mb
Release : 2017
Category : Electronic books
ISBN : 1315191687

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Legal Interpretation in Democratic States by Tom D. Campbell Pdf

"This title was first published in 2002: The judicial interpretation of statutes and constitutions is the controversial focus of much contemporary legal philosophy and practice. It is crucial for the distribution of power as between legislatures and judiciaries in democratic polities. The original essays in this volume relate to the prospects of finding a workable separation of powers which utilizes the rule of positive law to curb political power without undermining the right to self-determination which is central to the democratic ideal. Written by a group of distinguished American and Australian legal and political philosophers, the essays are divided into three parts: those sharing a particular concern with the proper role of law-makers' intentions in legal interpretation; those applying or discussing particular approaches to interpretation: historical, comparative, hermeneutic, deconstructionist, and natural law; and those discussing originalism, individual rights, implications, and federalism in constitutional interpretation."--Provided by publisher.

Author : Tom D. Campbell
Publisher : Routledge
Page : 128 pages
File Size : 51,6 Mb
Release : 2017-12-15
Category : Electronic
ISBN : 1138725862

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Legal Interpretation in Democratic States by Tom D. Campbell Pdf

This title was first published in 2002: The judicial interpretation of statutes and constitutions is the controversial focus of much contemporary legal philosophy and practice. It is crucial for the distribution of power as between legislatures and judiciaries in democratic polities. The original essays in this volume relate to the prospects of finding a workable separation of powers which utilizes the rule of positive law to curb political power without undermining the right to self-determination which is central to the democratic ideal. Written by a group of distinguished American and Australian legal and political philosophers, the essays are divided into three parts: those sharing a particular concern with the proper role of law-makers� intentions in legal interpretation; those applying or discussing particular approaches to interpretation: historical, comparative, hermeneutic, deconstructionist, and natural law; and those discussing originalism, individual rights, implications, and federalism in constitutional interpretation.

Author : Jeffrey Denys Goldsworthy,Tom Campbell
Publisher : Dartmouth Publishing Company
Page : 302 pages
File Size : 40,9 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105060846982

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Legal Interpretation in Democratic States by Jeffrey Denys Goldsworthy,Tom Campbell Pdf

Moore.

Author : Stephen Breyer
Publisher : Vintage
Page : 176 pages
File Size : 48,6 Mb
Release : 2007-12-18
Category : Political Science
ISBN : 9780307424617

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Active Liberty by Stephen Breyer Pdf

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 50,5 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043

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Militant Democracy by András Sajó,Lorri Rutt Bentch Pdf

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Author : Lisa Burton Crawford,Patrick Emerton,Dale Smith
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 42,7 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509920877

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Law Under a Democratic Constitution by Lisa Burton Crawford,Patrick Emerton,Dale Smith Pdf

Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy's work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy's retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
Page : 302 pages
File Size : 43,8 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782250913

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Democratic Statehood in International Law by Jure Vidmar Pdf

This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

Author : Elizabeth Mac Donald
Publisher : Unknown
Page : 400 pages
File Size : 41,7 Mb
Release : 2021-06
Category : Church and state
ISBN : 1912054728

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A Matter of Interpretation by Elizabeth Mac Donald Pdf

It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.

Author : Sonja C. Grover
Publisher : Springer Nature
Page : 283 pages
File Size : 43,5 Mb
Release : 2020-02-17
Category : Law
ISBN : 9783030350857

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Judicial Activism and the Democratic Rule of Law by Sonja C. Grover Pdf

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

Author : Munroe Eagles,Larry Johnston,Christopher Holoman
Publisher : University of Toronto Press
Page : 148 pages
File Size : 49,7 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 1551117002

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The Institutions of Liberal Democratic States by Munroe Eagles,Larry Johnston,Christopher Holoman Pdf

This book provides a concise overview of the institutions of government in modern democracies, including constitutions, legislatures, heads of state and of government, variations of federalism, and electoral systems. The Institutions of Liberal Democratic States presents four excerpted chapters from Politics: An Introduction to Democratic Government, second edition.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 53,5 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.

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 50,5 Mb
Release : 2012
Category : Judicial process
ISBN : 031427555X

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Reading Law by Antonin Scalia,Bryan A. Garner Pdf

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Author : John Hart Ely
Publisher : Harvard University Press
Page : 281 pages
File Size : 50,7 Mb
Release : 1981-08-15
Category : Law
ISBN : 9780674263291

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Democracy and Distrust by John Hart Ely Pdf

This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Author : John V. Sullivan
Publisher : Unknown
Page : 72 pages
File Size : 49,5 Mb
Release : 2007
Category : Government publications
ISBN : PURD:32754073527669

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How Our Laws are Made by John V. Sullivan Pdf

Author : Gregory H. Fox,Brad R. Roth
Publisher : Cambridge University Press
Page : 604 pages
File Size : 53,6 Mb
Release : 2000-05-11
Category : Law
ISBN : 0521667968

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Democratic Governance and International Law by Gregory H. Fox,Brad R. Roth Pdf

PART V CRITICAL APPROACHES.