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Author : David P. Currie Publisher : University of Chicago Press Page : 518 pages File Size : 49,6 Mb Release : 1992-09 Category : Law ISBN : 9780226131092
The Constitution in the Supreme Court by David P. Currie Pdf
Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
Taking the reader up to and through such controversial Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.
Author : Robert A. Licht Publisher : American Enterprise Institute Page : 224 pages File Size : 45,8 Mb Release : 1993 Category : Law ISBN : 0844738131
Is the Supreme Court the Guardian of the Constitution? by Robert A. Licht Pdf
This book examines the controversy surrounding the conventional wisdom that the Court is the guardian of the Constitution and the ultimate defender of our liberties.
The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Constitutional Courts in Comparison by Ralf Rogowski,Thomas Gawron Pdf
The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.
Essential Supreme Court Decisions by John R. Vile Pdf
First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
Author : Richard H. Fallon Jr. Publisher : Harvard University Press Page : 240 pages File Size : 52,7 Mb Release : 2018-02-19 Category : Law ISBN : 9780674986091
Law and Legitimacy in the Supreme Court by Richard H. Fallon Jr. Pdf
Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
The Hill Times: Best Books of 2016 A new, expanded edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982 accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works, and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index so far to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This revised and expanded edition is a great primer for those coming to Canada’s Constitution for the first time, and a useful reference work for students and scholars.
Interpreting the Constitution by Harry H. Wellington Pdf
How does the Supreme Court work? Is there something undemocratic about having unelected judges overturn laws passed by elected legislators? How can a brief, two-hundred-year old constitution continue to provide the fundamental law for governing the United States? In this book a prominent legal scholar explores these questions with unusual clarity. Harry H. Wellington discusses judicial review (the process by which the court decides whether laws are valid) and the interpretive role the court plays in constitutional regulation and the resolution of individual disputes. Written in an engaging and accessible manner, the book offers fascinating examples of the court at work, in particular showing how it has addressed one of the most controversial political and judicial issues of our time--abortion. Harry H. Wellington takes a frank and provocative look at the process of adjudication, showing how it incorporates and shapes public values and mores as they change from one generation to the next. He explains why democracies can tolerate judicial review by nonelected officials and he refutes the politically popular doctrine of "original intent" and explains why those who interpret the Constitution must be responsive to precedent and process. Wellington also shows how the American political system allows the public to respond to the Court's decisions on such strongly debated issues as abortion. Although he argues for the retention of Roe v. Wade, Wellington points out that the Court makes mistakes, and he asserts that institutions, groups, and individuals sometimes have an obligation to contest the court's readings and its authority. This often noisy dialogue, says Wellington, is necessary to make judicial regulation compatible with the democratic ideology on which the United States is based.
