The Collapse Of Constitutional Remedies

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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 : 43,5 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

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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"--

The Collapse of Constitutional Remedies

Aziz Z. Huq
The Collapse of Constitutional Remedies Book PDF

Author : Aziz Z. Huq
Publisher : Unknown
Page : 128 pages
File Size : 40,6 Mb
Release : 2021
Category : Constitutional torts
ISBN : 0197556841

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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"--

How Rights Went Wrong

Jamal Greene
How Rights Went Wrong Book PDF

Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 51,5 Mb
Release : 2021
Category : Law
ISBN : 9781328518118

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How Rights Went Wrong by Jamal Greene Pdf

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

The Collapse of American Criminal Justice

William J. Stuntz
The Collapse of American Criminal Justice Book PDF

Author : William J. Stuntz
Publisher : Harvard University Press
Page : 425 pages
File Size : 49,6 Mb
Release : 2011-09-30
Category : History
ISBN : 9780674051751

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The Collapse of American Criminal Justice by William J. Stuntz Pdf

Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Poland's Constitutional Breakdown

Wojciech Sadurski
Poland s Constitutional Breakdown Book PDF

Author : Wojciech Sadurski
Publisher : Oxford Comparative Constitutio
Page : 305 pages
File Size : 44,5 Mb
Release : 2019-05-16
Category : Law
ISBN : 9780198840503

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Poland's Constitutional Breakdown by Wojciech Sadurski Pdf

Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

A People's Constitution

Rohit De
A People s Constitution Book PDF

Author : Rohit De
Publisher : Princeton University Press
Page : 308 pages
File Size : 40,8 Mb
Release : 2020-08-04
Category : History
ISBN : 9780691210384

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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.

How to Save a Constitutional Democracy

Tom Ginsburg,Aziz Z. Huq
How to Save a Constitutional Democracy Book PDF

Author : Tom Ginsburg,Aziz Z. Huq
Publisher : University of Chicago Press
Page : 306 pages
File Size : 41,5 Mb
Release : 2018-10-05
Category : Law
ISBN : 9780226564388

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How to Save a Constitutional Democracy by Tom Ginsburg,Aziz Z. Huq Pdf

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

The Invisible Constitution

Laurence H. Tribe
The Invisible Constitution Book PDF

Author : Laurence H. Tribe
Publisher : Oxford University Press
Page : 304 pages
File Size : 46,7 Mb
Release : 2008-09-17
Category : Law
ISBN : 019974095X

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The Invisible Constitution by Laurence H. Tribe Pdf

As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

The Constitution Failed

Robert R. Owens
The Constitution Failed Book PDF

Author : Robert R. Owens
Publisher : Xulon Press
Page : 234 pages
File Size : 54,9 Mb
Release : 2024-05-04
Category : Religion
ISBN : 9781612150949

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The Constitution Failed by Robert R. Owens Pdf

How can you say, "The Constitution failed?" Don't you mean, "We failed the Constitution?" Or is that a distinction without a difference? Since the declared and understood purpose to the writing and ratification of the Constitution was to create and sustain a limited government and since We the People now face an unlimited government Dr. Owens maintains we face the painful reality, "The Constitution failed." As a member of the Richmond Tea Party and a contributing author to the websites of numerous Tea Parties across the fruited plane Dr. Robert Owens, the author of the History of the Future builds upon Dispatches from that History to show not only that the Constitution has failed but that in many ways that failure was foretold before it was ever ratified by the arguments of the Anti-Federalists. He then goes on to offer recommendations for how We the People can organize and advocate for a solution which will preserve liberty in the land of the free and the home of the brave."

The Coming Collapse of China

Gordon G. Chang
The Coming Collapse of China Book PDF

Author : Gordon G. Chang
Publisher : Random House
Page : 368 pages
File Size : 46,8 Mb
Release : 2001-09-15
Category : Business & Economics
ISBN : 9781588360212

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The Coming Collapse of China by Gordon G. Chang Pdf

China is hot. The world sees a glorious future for this sleeping giant, three times larger than the United States, predicting it will blossom into the world's biggest economy by 2010. According to Chang, however, a Chinese-American lawyer and China specialist, the People's Republic is a paper dragon. Peer beneath the veneer of modernization since Mao's death, and the symptoms of decay are everywhere: Deflation grips the economy, state-owned enterprises are failing, banks are hopelessly insolvent, foreign investment continues to decline, and Communist party corruption eats away at the fabric of society. Beijing's cautious reforms have left the country stuck midway between communism and capitalism, Chang writes. With its impending World Trade Organization membership, for the first time China will be forced to open itself to foreign competition, which will shake the country to its foundations. Economic failure will be followed by government collapse. Covering subjects from party politics to the Falun Gong to the government's insupportable position on Taiwan, Chang presents a thorough and very chilling overview of China's present and not-so-distant future.

Judicial Review of Administration in Europe

Giacinto Della Cananea,Mauro Bussani
Judicial Review of Administration in Europe Book PDF

Author : Giacinto Della Cananea,Mauro Bussani
Publisher : Oxford University Press
Page : 417 pages
File Size : 47,7 Mb
Release : 2021
Category : Judicial review
ISBN : 9780198867609

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Judicial Review of Administration in Europe by Giacinto Della Cananea,Mauro Bussani Pdf

This book is about judicial review of public administration. Many have regarded this to divide European legal orders, with judicial review of administrative action in the general courts or specialized administrative courts, or with different distance from the executive. There has been considerably less of comparison of the basic procedural and substantive principles. The comparative study in this book of procedural fairness and propriety in the courts reveals not only differences but also some common and connecting elements, in a 'common core' perspective. The book is divided into four parts. The first explains the nature and purpose of a comparison to understand the relevance and significance of commonality and diversity between the legal systems of Europe, and which considers other legal systems which are distant and distinct from Europe, such as China and Latin America. The second part contains an overview of the systems of judicial review in these legal orders. The third part, which is the heart of the 'common core' method, contains both a set of hypothetical cases and the solutions, according to the experts of the legal systems selected for our comparison, to the cases. The fourth part serves to examine the answers in comparative terms to ascertain not so much whether a 'common core' exists, but how it is shaped and evolves, also in response to the influence of supranational legal orders as the European Union and the Council of Europe.

The Cambridge Companion to Comparative Constitutional Law

Roger Masterman,Robert Schütze
The Cambridge Companion to Comparative Constitutional Law Book PDF

Author : Roger Masterman,Robert Schütze
Publisher : Cambridge University Press
Page : 653 pages
File Size : 44,8 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781107167810

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The Cambridge Companion to Comparative Constitutional Law by Roger Masterman,Robert Schütze Pdf

Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

Closing the Courthouse Door

Erwin Chemerinsky
Closing the Courthouse Door Book PDF

Author : Erwin Chemerinsky
Publisher : Yale University Press
Page : 280 pages
File Size : 46,5 Mb
Release : 2017-01-10
Category : Law
ISBN : 9780300224900

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Closing the Courthouse Door by Erwin Chemerinsky Pdf

A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.

The Global South and Comparative Constitutional Law

Philipp Dann,Michael Riegner,Maxim Bönnemann
The Global South and Comparative Constitutional Law Book PDF

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press
Page : 321 pages
File Size : 45,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192590756

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The Global South and Comparative Constitutional Law by Philipp Dann,Michael Riegner,Maxim Bönnemann Pdf

This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Saving the News

Martha Minow
Saving the News Book PDF

Author : Martha Minow
Publisher : Oxford University Press
Page : 257 pages
File Size : 45,8 Mb
Release : 2021
Category : LAW
ISBN : 9780190948412

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Saving the News by Martha Minow Pdf

"As traditional for-profit news media in the United States declines in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the U.S. and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private-sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents ten proposals for change to help preserve the free press essential to our democratic society"--