Rationing The Constitution

Rationing The Constitution Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Rationing The Constitution book. This book definitely worth reading, it is an incredibly well-written.

Rationing the Constitution

Andrew Coan
Rationing the Constitution Book PDF

Author : Andrew Coan
Publisher : Unknown
Page : 281 pages
File Size : 51,7 Mb
Release : 2019
Category : Constitutional law
ISBN : 9780674986954

Get Book

Rationing the Constitution by Andrew Coan Pdf

The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

Rationing the Constitution

Andrew Coan
Rationing the Constitution Book PDF

Author : Andrew Coan
Publisher : Harvard University Press
Page : 281 pages
File Size : 53,6 Mb
Release : 2019-04-29
Category : Law
ISBN : 9780674239197

Get Book

Rationing the Constitution by Andrew Coan Pdf

In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

A People's Constitution

Rohit De
A People s Constitution Book PDF

Author : Rohit De
Publisher : Princeton University Press
Page : 308 pages
File Size : 43,5 Mb
Release : 2020-08-04
Category : History
ISBN : 9780691210384

Get Book

A People's Constitution by Rohit De Pdf

It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

The Regulatory State

Dawn Oliver,Tony Prosser,Richard Rawlings
The Regulatory State Book PDF

Author : Dawn Oliver,Tony Prosser,Richard Rawlings
Publisher : Unknown
Page : 365 pages
File Size : 53,6 Mb
Release : 2010
Category : Law
ISBN : 9780199593170

Get Book

The Regulatory State by Dawn Oliver,Tony Prosser,Richard Rawlings Pdf

This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

The Calculus of Consent

James M. Buchanan,Gordon Tullock
The Calculus of Consent Book PDF

Author : James M. Buchanan,Gordon Tullock
Publisher : University of Michigan Press
Page : 388 pages
File Size : 40,5 Mb
Release : 1965
Category : Decision-making
ISBN : 0472061003

Get Book

The Calculus of Consent by James M. Buchanan,Gordon Tullock Pdf

A scientific study of the political and economic factors influencing democratic decision making

Access to Care, Access to Justice

Kent Roach,Lorne Sossin,Colleen M. Flood
Access to Care Access to Justice Book PDF

Author : Kent Roach,Lorne Sossin,Colleen M. Flood
Publisher : University of Toronto Press
Page : 657 pages
File Size : 45,6 Mb
Release : 2005-01-01
Category : Health & Fitness
ISBN : 9780802094209

Get Book

Access to Care, Access to Justice by Kent Roach,Lorne Sossin,Colleen M. Flood Pdf

Edited by Colleen Flood, Lorne Sossin, and Kent Roach, the collection explores the role that courts may begin to play in health care and how this new role is of crucial importance to the Canadian public and their governments.

The Collapse of Constitutional Remedies

Aziz Z. Huq
The Collapse of Constitutional Remedies Book PDF

Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 48,7 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

Get Book

The Collapse of Constitutional Remedies by Aziz Z. Huq Pdf

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Federalism and the Tug of War Within

Erin Ryan
Federalism and the Tug of War Within Book PDF

Author : Erin Ryan
Publisher : Oxford University Press
Page : 429 pages
File Size : 47,6 Mb
Release : 2012-01-12
Category : Law
ISBN : 9780199737987

Get Book

Federalism and the Tug of War Within by Erin Ryan Pdf

As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.

The Nine

Jeffrey Toobin
The Nine Book PDF

Author : Jeffrey Toobin
Publisher : Anchor
Page : 482 pages
File Size : 48,5 Mb
Release : 2008-09-30
Category : Political Science
ISBN : 9780307472892

Get Book

The Nine by Jeffrey Toobin Pdf

Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Constitutional Triumphs, Constitutional Disappointments

Rosalind Dixon,Theunis Roux
Constitutional Triumphs Constitutional Disappointments Book PDF

Author : Rosalind Dixon,Theunis Roux
Publisher : Cambridge University Press
Page : 471 pages
File Size : 42,8 Mb
Release : 2018-04-19
Category : History
ISBN : 9781108415330

Get Book

Constitutional Triumphs, Constitutional Disappointments by Rosalind Dixon,Theunis Roux Pdf

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

The Road to Serfdom

Friedrich A. Hayek
The Road to Serfdom Book PDF

Author : Friedrich A. Hayek
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2023
Category : Electronic
ISBN : OCLC:1398445879

Get Book

The Road to Serfdom by Friedrich A. Hayek Pdf

In The Road to Serfdom F. A. Hayek set out the danger posed to freedom by attempts to apply the principles of wartime economic and social planning to the problems of peacetime. Hayek argued that the rise of Nazism was not due to any character failure on the part of the German people, but was a consequence of the socialist ideas that had gained common currency in Germany in the decades preceding the outbreak of war. Such ideas, Hayek argued, were now becoming similarly accepted in Britain and the USA.On its publication in 1944, The Road to Serfdom caused a sensation. Its publishers could not keep up with demand, owing to wartime paper rationing. Then, in April 1945, Reader's Digest published a condensed version of the book and Hayek's work found a mass audience. This condensed edition was republished for the first time by the IEA in 1999. Since then it has been frequently reprinted and the electronic version has been downloaded over 100,000 times. There is an enduring demand for Hayek's relevant and accessible message.The Road to Serfdom is republished in this impression with The Intellectuals and Socialism originally published in 1949, in which Hayek explained the appeal of socialist ideas to intellectuals - the 'second-hand dealers in ideas'. Intellectuals, Hayek argued, are attracted to socialism because it involves the rational application of the intellect to the organisation of society, while its utopianism captures their imagination and satisfies their desire to make the world submit to their own design.

Where Our Protection Lies

Dimitrios Kyritsis
Where Our Protection Lies Book PDF

Author : Dimitrios Kyritsis
Publisher : Oxford University Press
Page : 241 pages
File Size : 40,7 Mb
Release : 2017
Category : Law
ISBN : 9780199672257

Get Book

Where Our Protection Lies by Dimitrios Kyritsis Pdf

Should courts be able to scrutinise primary legislation for its compatibility with human rights? Focusing on the value of the separation of powers, Dimitrios Kyritsis offers an innovative discussion of the role of constitutional courts and the scope of judicial review, and a normative theory of the constitutional review of legislative action.

Can rights cure? The impact of human rights litigation on South Africa's health system

Marius Pieterse
Can rights cure The impact of human rights litigation on South Africa s health system Book PDF

Author : Marius Pieterse
Publisher : PULP
Page : 198 pages
File Size : 45,8 Mb
Release : 2014-08-01
Category : Civil rights
ISBN : 9781920538279

Get Book

Can rights cure? The impact of human rights litigation on South Africa's health system by Marius Pieterse Pdf

Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.

Unelected Power

Paul Tucker
Unelected Power Book PDF

Author : Paul Tucker
Publisher : Princeton University Press
Page : 662 pages
File Size : 51,9 Mb
Release : 2019-09-10
Category : Business & Economics
ISBN : 9780691196305

Get Book

Unelected Power by Paul Tucker Pdf

Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

Framework for Equitable Allocation of COVID-19 Vaccine

National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Board on Health Sciences Policy,Committee on Equitable Allocation of Vaccine for the Novel Coronavirus
Framework for Equitable Allocation of COVID 19 Vaccine Book PDF

Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Board on Health Sciences Policy,Committee on Equitable Allocation of Vaccine for the Novel Coronavirus
Publisher : National Academies Press
Page : 273 pages
File Size : 54,6 Mb
Release : 2020-11-30
Category : Medical
ISBN : 9780309682244

Get Book

Framework for Equitable Allocation of COVID-19 Vaccine by National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Board on Health Sciences Policy,Committee on Equitable Allocation of Vaccine for the Novel Coronavirus Pdf

In response to the coronavirus disease 2019 (COVID-19) pandemic and the societal disruption it has brought, national governments and the international community have invested billions of dollars and immense amounts of human resources to develop a safe and effective vaccine in an unprecedented time frame. Vaccination against this novel coronavirus, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), offers the possibility of significantly reducing severe morbidity and mortality and transmission when deployed alongside other public health strategies and improved therapies. Health equity is intertwined with the impact of COVID-19 and there are certain populations that are at increased risk of severe illness or death from COVID-19. In the United States and worldwide, the pandemic is having a disproportionate impact on people who are already disadvantaged by virtue of their race and ethnicity, age, health status, residence, occupation, socioeconomic condition, or other contributing factors. Framework for Equitable Allocation of COVID-19 Vaccine offers an overarching framework for vaccine allocation to assist policy makers in the domestic and global health communities. Built on widely accepted foundational principles and recognizing the distinctive characteristics of COVID-19, this report's recommendations address the commitments needed to implement equitable allocation policies for COVID-19 vaccine.