Reflections On Constitutional Law

Author : George Anastaplo
Publisher : University Press of Kentucky
Page : 288 pages
File Size : 50,5 Mb
Release : 2006-08-25
Category : Law
ISBN : 0813123968

Get Book

Reflections on Constitutional Law by George Anastaplo Pdf

Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said—what considerations it weighed and how—than it is to know what it is recorded that the Court “decided.” In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.

Author : George Anastaplo
Publisher : University Press of Kentucky
Page : 312 pages
File Size : 53,5 Mb
Release : 2009-07-17
Category : Law
ISBN : 9780813139166

Get Book

Reflections on Life, Death, and the Constitution by George Anastaplo Pdf

The role of law in government has been increasingly scrutinized as courts struggle with controversial topics such as assisted suicide, euthanasia, abortion, capital punishment, and torture. Reflections on Life, Death, and the Constitution explores such issues by using classical standards of morality as a starting point for understanding them. Drawing on works of literature and philosophy, and on U.S. Supreme Court decisions, George Anastaplo examines the intimate relationship between human nature and constitutional law.

Author : George Anastaplo
Publisher : University Press of Kentucky
Page : 288 pages
File Size : 48,7 Mb
Release : 2006-08-25
Category : Law
ISBN : 9780813137292

Get Book

Reflections on Constitutional Law by George Anastaplo Pdf

Constitutional scholar George Anastaplo believes that many judges and lawyers draw upon a skimpy, if not simply unreliable, knowledge of history. He proposes that in order to write reliable opinions, these men and women must have a deeper understanding of the enduring principles upon which the law naturally tends to draw. In the study of constitutional law, Anastaplo argues that it is more important to weigh what the Supreme Court has said and how that is said -- what considerations it weighed and how -- than it is to know what it is recorded that the Court "decided." In Reflections on Constitutional Law, Anastaplo makes the case for a renewed focus on a now often-overlooked aspect of the study of law. He emphasizes the continuing significance and importance of the Constitution by thoroughly examining the most important influences on the American constitutional system, including the Magna Carta and the Declaration of Independence.

Author : George Anastaplo
Publisher : University Press of Kentucky
Page : 336 pages
File Size : 49,5 Mb
Release : 2007-02-16
Category : Law
ISBN : 9780813137308

Get Book

Reflections on Freedom of Speech and the First Amendment by George Anastaplo Pdf

The guarantee of free speech enshrined in the U.S. Bill of Rights draws upon two millennia of Western thought about the value and necessity of free inquiry. Acclaimed legal scholar George Anastaplo traces the philosophical development of the idea of free inquiry from Plato's Apology to Socrates to John Milton's Areopagitica. He describes how these seminal texts and others by such diverse thinkers as St. Paul, Thomas More, and John Stuart Mill influenced the formation and the earliest applications of the First Amendment. Anastaplo also focuses on the critical free speech implications of a dozen Supreme Court cases and shows how First Amendment interpretations have evolved in response to modern events. Reflections on Freedom of Speech and the First Amendment grounds its vision of America's most basic freedoms in the intellectual traditions of Western political philosophy, providing crucial insight into the legal challenges of the future through the lens of the past.

Author : George Anastaplo
Publisher : Lexington Books
Page : 336 pages
File Size : 51,9 Mb
Release : 2012-01-16
Category : Political Science
ISBN : 9780739171776

Get Book

Reflections on Slavery and the Constitution by George Anastaplo Pdf

In this insightful book about constitutional law and slavery, George Anastaplo illuminates both how the history of race relations in the United States should be approached and how seemingly hopeless social and political challenges can be usefully considered through the lens of the U.S. Constitution. He examines the outbreak of the American Civil War, its prosecution, and its aftermath, tracing the concept of slavery and law from its earliest beginnings and slavery’s fraught legal history within the United States. Anastaplo offers discussions that bring into focus discussions of slavery in Ancient Greece and within the Bible, showing their influence on the Constitution and the subsequent political struggles that led to the Civil War.

Author : S. K. B. Asante
Publisher : Unknown
Page : 108 pages
File Size : 41,7 Mb
Release : 2002
Category : Constitutional law
ISBN : STANFORD:36105113494087

Get Book

Reflections on the Constitution, Law, and Development by S. K. B. Asante Pdf

Author : Martin Belov,Antoni Abat i Ninet
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 46,7 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781800370531

Get Book

Revolution, Transition, Memory, and Oblivion by Martin Belov,Antoni Abat i Ninet Pdf

This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.

Author : Sacha Garben,Inge Govaere,Paul Nemitz
Publisher : Bloomsbury Publishing
Page : 596 pages
File Size : 44,5 Mb
Release : 2019-11-14
Category : Law
ISBN : 9781509933266

Get Book

Critical Reflections on Constitutional Democracy in the European Union by Sacha Garben,Inge Govaere,Paul Nemitz Pdf

This book takes a wide-ranging approach to tackle the complex question of the current state of constitutional democracy in the EU. It brings together a broad set of academics and practitioners with legal and political perspectives to focus on both topical and perennial issues concerning constitutional democracy (including safeguarding the rule of law and respect for fundamental rights) in theory and practice, primarily at EU level but also with due regard to national and global developments. This approach underlines that rather than a single problématique to be analysed and resolved, we are presently facing a kaleidoscopic spectrum of related challenges that influence each other in elusive, multifaceted ways. Critical Reflections on Constitutional Democracy in the European Union offers a rich analysis of the issues as well as concrete policy recommendations, which will appeal to scholars and practitioners, students and interested citizens alike. It provides a meaningful contribution to the array of existing scholarship and debate by proposing original elements of analysis, challenging often-made assumptions, destabilising settled understandings and proposing fundamental reforms. Overall, the collection injects a set of fresh critical perspectives on this fundamental issue that is as contemporary as it is eternal.

Author : Jaakko Husa
Publisher : Peter Lang Pub Incorporated
Page : 209 pages
File Size : 51,8 Mb
Release : 2002
Category : Law
ISBN : 3631392907

Get Book

Nordic Reflections on Constitutional Law by Jaakko Husa Pdf

The author maintains that the Nordic constitutional legal-culture possesses some unique fundamental qualities if compared to common law or Romano-Germanic constitutional systems. The book offers a Nordic comparative perspective on the basic questions of comparative constitutional law. Also, the question of the relationship between judicial review and parliamentary system is explored in the light of Nordic experiences. The author analyses the discussion on the -Constitution of Europe- in its relation to the Nordic constitutional thinking, and evaluates the possible future of the Nordic tradition in the more tightly integrated Europe of tomorrow. Furthermore, Nordic constitutional thinking seems to be in a crossroads of judicial activism and self-restraint. <I>Nordic Reflections on Constitutional Law brings together the latest development in Nordic constitutional law and highlights its possible role in Europe."

Author : Kate Puddister,Emmett Macfarlane
Publisher : UBC Press
Page : 521 pages
File Size : 53,9 Mb
Release : 2022-12-01
Category : Political Science
ISBN : 9780774867948

Get Book

Constitutional Crossroads by Kate Puddister,Emmett Macfarlane Pdf

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.

Author : James B. Kelly,Christopher P. Manfredi
Publisher : UBC Press
Page : 335 pages
File Size : 51,9 Mb
Release : 2010-01-01
Category : Law
ISBN : 9780774858892

Get Book

Contested Constitutionalism by James B. Kelly,Christopher P. Manfredi Pdf

The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 636 pages
File Size : 54,9 Mb
Release : 2013-12-09
Category : Business & Economics
ISBN : 9789004228832

Get Book

Reflections on the Constitutionalisation of International Economic Law by Anonim Pdf

This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann ́s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann ́s academic career and this goal stands also at the heart of this book.

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 2003
Category : Civil rights
ISBN : 0433443235

Get Book

The Canadian Charter of Rights and Freedoms by Anonim Pdf

Author : Russell Kirk
Publisher : Unknown
Page : 328 pages
File Size : 55,8 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105062290197

Get Book

Rights and Duties by Russell Kirk Pdf

Rev. and expanded ed. of : The conservative constitution. c1990.

Author : Ronald A. Wells,Thomas A. Askew
Publisher : Unknown
Page : 188 pages
File Size : 40,7 Mb
Release : 2024-06-07
Category : Electronic
ISBN : 0783755635

Get Book

Liberty and Law by Ronald A. Wells,Thomas A. Askew Pdf