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Author : Donald L. Drakeman
Publisher : Cambridge University Press
Page : 247 pages
File Size : 43,5 Mb
Release : 2021-04-08
Category : History
ISBN : 9781108485289
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Author : Thomas Alexander Aleinikoff
Publisher : Unknown
Page : 128 pages
File Size : 50,6 Mb
Release : 1960
Category : Electronic
ISBN : OCLC:802532822
Author : John H. Garvey,Thomas Alexander Aleinikoff,Daniel A. Farber
Publisher : West Academic Publishing
Page : 0 pages
File Size : 47,7 Mb
Release : 2004
Category : Constitutional law
ISBN : 0314149058
This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for interpreting the Constitution, and then covers judicial review. Other chapters correspond with the major topics covered in constitutional law casebooks. The authors ask what and whose purposes are served by existing rules, and inquire whether some other organization is preferable. The selections take opposing positions on each subject, to make students aware of existing conflicts and to facilitate class discussion.
Author : Cass R. Sunstein
Publisher : Harvard University Press
Page : 432 pages
File Size : 55,6 Mb
Release : 1993
Category : Law
ISBN : 067465479X
Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR
Author : Rosalind Dixon,David E. Landau
Publisher : Oxford University Press
Page : 241 pages
File Size : 45,7 Mb
Release : 2021
Category : Authoritarianism
ISBN : 9780192893765
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Author : Brian Christopher Jones
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 45,5 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781788971102
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
Author : J. Harvie Wilkinson
Publisher : OUP USA
Page : 174 pages
File Size : 46,8 Mb
Release : 2012-03-12
Category : Law
ISBN : 9780199846016
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
Page : 541 pages
File Size : 42,9 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226726687
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Author : Kevin J. Burns
Publisher : University Press of Kansas
Page : 248 pages
File Size : 40,6 Mb
Release : 2021-05-26
Category : History
ISBN : 9780700632114
In William Howard Taft’s Constitutional Progressivism Kevin J. Burns makes a compelling case that Taft’s devotion to the Constitution of 1787 contributed to his progressivism. In contrast to the majority of scholarship, which has viewed Taft as a reactionary conservative because of his constitutionalism, Burns explores the ways Taft’s commitment to both the Constitution and progressivism drove his political career and the decisions he made as president and chief justice. Taft saw the Constitution playing a positive role in American political life, recognizing that it created a national government strong enough to enact broad progressive reforms. In reevaluating Taft’s career, Burns highlights how Taft rejected the “laisser [sic] faire school,” which taught that “the Government ought to do nothing but run a police force.” Recognizing that the massive industrial changes following the Civil War had created a plethora of socioeconomic ills, Taft worked to expand the national government’s initiatives in the fields of trust-busting, land conservation, tariff reform, railroad regulation, and worker safety law. Burns offers a fuller understanding of Taft and his political project by emphasizing Taft’s belief that the Constitution could play a constructive role in American political life by empowering the government to act and by undergirding and protecting the reform legislation the government implemented. Moreover, Taft recognized that if the Constitution could come to the aid of progressivism, political reform might also redound to the benefit of the Constitution by showing its continued relevance and workability in modern America. Although Taft’s efforts to promote significant policy-level reforms attest to his progressivism, his major contribution to American political thought is his understanding of the US Constitution as a fundamental law, not a policy-oriented document. In many ways Taft can be thought of as an originalist, yet his originalism was marked by a belief in robust national powers. Taft’s constitutionalism remains relevant because while his principles seem foreign to modern legal discourse, his constitutional vision offers an alternative to contemporary political divisions by combining political progressivism-liberalism with constitutional conservatism.
Author : Benjamin B Saunders
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 46,5 Mb
Release : 2023-06-15
Category : Law
ISBN : 9781509955800
This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.
Author : Peter Charles Hoffer
Publisher : University Press of Kansas
Page : 292 pages
File Size : 51,7 Mb
Release : 2021-03-26
Category : Law
ISBN : 9780700632008
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.
Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press, USA
Page : 397 pages
File Size : 42,6 Mb
Release : 2020
Category : Law
ISBN : 9780190871451
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Author : Vincent Phillip Muñoz
Publisher : University of Chicago Press
Page : 345 pages
File Size : 52,6 Mb
Release : 2022-08-31
Category : Political Science
ISBN : 9780226821443
"The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty."--
Author : Andrew Colclough
Publisher : Bloomsbury Publishing
Page : 313 pages
File Size : 54,6 Mb
Release : 2024-04-25
Category : Political Science
ISBN : 9781350337701
Essentials of US Politics and Government is the latest book in the Essentials of series for A-Level Politics, which maps on to the Edexcel specification. It covers all the knowledge required to tackle paper 3 of the A level; United States politics, as well as Comparative US-UK politics. Author Andrew Colclough is head of politics at an independent school in Oxford and a Team Leader examiner at Edexcel, so brings a wealth of experience in supporting both students and teachers. All of the core chapters in the book are organized around the series' signature 'Key Debates' feature, which explain the vital arguments, with supporting evidence, clearly and concisely. These aid students in constructing persuasive arguments in their essays. Summary tables at the end of each debate ideal both to gain a quick overview of the topic and as a tool for revision. The book also offers: - An abundance of contemporary political examples and case studies - A unique chapter on Comparative US and UK Politics - 'Knowledge Checks' at regular intervals so students can check their understanding and factual recall - A dedicated 'Exam Focus' chapter, which gives advice on developing the skills for exam success, as well as annotated sample essays - An extensive companion website with further sample essays, templates for essay planning, bonus case study material and more.
Author : Frances E. Lee,Nolan McCarty
Publisher : Cambridge University Press
Page : 371 pages
File Size : 53,6 Mb
Release : 2019-06-20
Category : Law
ISBN : 9781108497299
Analyzes how rising party polarization, unequal representation, and economic inequalities affect the performance of American governing institutions.
