The Interpretable Constitution

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The Interpretable Constitution

William F. Harris
The Interpretable Constitution Book PDF

Author : William F. Harris
Publisher : Unknown
Page : 256 pages
File Size : 51,9 Mb
Release : 1993
Category : Law
ISBN : UOM:39015029871798

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The Interpretable Constitution by William F. Harris Pdf

"In The Interpretable Constitution William F. Harris II examines three feature of American constitutionalism that are usually taken for granted: the Constitution's authoritativeness, its written character, and its consequent readability. Drawing on recent work in literary as well as constitutional theory, Harris aims to change the very contour and character of debate on constitutional meaning." "A central insight of Harris's work is his view of American politics as consisting of two "texts" - the familiar Constitution itself and the working polity that it signifies. Embracing both of these "texts," Harris offers a rigorous methodology for interpreting each in light of the other. He also attempts to offer a middle ground between the two extremes of strict constructionism, on the one hand, and historicism (the notion that each generation interprets the Constitution anew), on the other. In the process, he describes the ways in which the written Constitution and the working polity mutually limit and transform each other." ""The central idea," Harris writes in his introduction, "is that the systematic interpretability of the Constitution is essential to its bindingness as law. The converse is that ad hoc interpretations or the random taking up of convenient interpretive techniques fundamentally undermines the constitutional order.""--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

The Limits of Constitutional Democracy

Jeffrey K. Tulis
The Limits of Constitutional Democracy Book PDF

Author : Jeffrey K. Tulis
Publisher : Princeton University Press
Page : 353 pages
File Size : 46,5 Mb
Release : 2010-11-14
Category : Law
ISBN : 0691147361

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The Limits of Constitutional Democracy by Jeffrey K. Tulis Pdf

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

The Limits of Constitutional Democracy

Jeffrey K. Tulis,Stephen Macedo
The Limits of Constitutional Democracy Book PDF

Author : Jeffrey K. Tulis,Stephen Macedo
Publisher : Princeton University Press
Page : 360 pages
File Size : 47,8 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781400836796

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The Limits of Constitutional Democracy by Jeffrey K. Tulis,Stephen Macedo Pdf

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.

Constitutional Politics

Sotirios A. Barber,Robert P. George
Constitutional Politics Book PDF

Author : Sotirios A. Barber,Robert P. George
Publisher : Princeton University Press
Page : 349 pages
File Size : 55,6 Mb
Release : 2021-03-09
Category : Law
ISBN : 9780691227443

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Constitutional Politics by Sotirios A. Barber,Robert P. George Pdf

What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.

Constitutional Rights and Powers of the People

Wayne D. Moore
Constitutional Rights and Powers of the People Book PDF

Author : Wayne D. Moore
Publisher : Princeton University Press
Page : 310 pages
File Size : 49,5 Mb
Release : 2017-03-14
Category : Law
ISBN : 9781400887453

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Constitutional Rights and Powers of the People by Wayne D. Moore Pdf

American constitutionalism rests on premises of popular sovereignty, but serious questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution and its place in the polity, Wayne Moore moves away from an exclusive focus on courts and judges and considers the following queries: Who is included among the people? How are the people politically configured? How may the people act? And how do the people relate to government and other representative structures? Going beyond though not excluding relevant discussions of specific constitutional texts (such as the preamble, articles V and VII, and the ninth, tenth, and fourteenth amendments), Moore examines historical material from the antebellum period, such as the opinions of U.S. Supreme Court justices in the notorious Dred Scott case and significantly different perspectives from the writings and speeches of Frederick Douglass. He also looks at influential thinking from the founding period and examines precedents set during prominent controversies involving the establishment of a national bank, regulations of the economy, and efforts to limit sexual and reproductive choices. The penultimate chapter explores issues raised by claims of state interpretive autonomy, and the conclusion models various dimensions of the constitutional order as a whole. The book offers fresh insights into central problems of constitutional history, theory, and law. Originally published in 1996. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Communitarian Constitution

Beau Breslin
The Communitarian Constitution Book PDF

Author : Beau Breslin
Publisher : JHU Press
Page : 298 pages
File Size : 49,8 Mb
Release : 2006-09-21
Category : Political Science
ISBN : 9780801892233

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The Communitarian Constitution by Beau Breslin Pdf

Bowling Alone, the title of Robert Putnam's 1995 article (later a bestselling book) perfectly captured a sense of national unease: Somewhere along the way, America had become a nation divided by apathy, and the bonds that held together civil society were disappearing. But while the phrase resonated with our growing sense of atomization, it didn't describe a new phenomenon. The fear that isolation has eroded our social bonds had simmered for at least two decades, when communitarianism first emerged as a cogent political philosophy. Communitarianism, as explained in the works of Michael Sandel, Alasdair MacIntyre, Amitai Etzioni, and others, elevates the idea of communal good over the rights of individuals. Throughout the 1980s and 1990s, communitarianism gained popular and political ground. The Clintons touted its principles in the '90s, and the two presidents Bush make frequent references to its central tenets. In its short life, the philosophy has generated plenty of books, both pro and con. Beau Breslin's authoritative and original examination, The Communitarian Constitution, contributes to the debate from a wholly original standpoint. Existing critiques focus on the debate between liberalism and communitarianism—in other words, the conflict between individual rights and the communal good. Breslin takes an entirely different stance, examining the pragmatic question of whether or not communitarian policies are truly practicable in a constitutional society. In tackling this question, Breslin traces the evolution of American communitarianism. He examines Lincoln's unconstitutional Civil War suspension of habeas corpus and draws on Federalist and Anti-Federalist arguments, pegging the Anti-Federalists as communitarians' intellectual forebearers. He also grounds his arguments in the real world, examining the constitutions of Germany and Israel, which offer further insight into the relationship between constitutionalism and communitarianism. At a moment when American politicians and citizenry are struggling to balance competing needs, such as civil rights and homeland security, The Communitarian Constitution is vital reading for anyone interested in the evolving tensions between individual rights and the good of the community.

Interpreting Constitutions

Jeffrey Goldsworthy
Interpreting Constitutions Book PDF

Author : Jeffrey Goldsworthy
Publisher : OUP Oxford
Page : 384 pages
File Size : 42,7 Mb
Release : 2006-02-09
Category : Law
ISBN : 9780191021664

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Interpreting Constitutions by Jeffrey Goldsworthy Pdf

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

Constitutional Interpretation

Keith E. Whittington
Constitutional Interpretation Book PDF

Author : Keith E. Whittington
Publisher : Unknown
Page : 328 pages
File Size : 42,6 Mb
Release : 1999
Category : Social Science
ISBN : UOM:39076002012875

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Constitutional Interpretation by Keith E. Whittington Pdf

With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.

The Madisonian Constitution

George Thomas
The Madisonian Constitution Book PDF

Author : George Thomas
Publisher : JHU Press
Page : 263 pages
File Size : 45,7 Mb
Release : 2008-06-18
Category : History
ISBN : 9780801888526

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The Madisonian Constitution by George Thomas Pdf

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The Oxford Handbook of the U.S. Constitution

Mark Tushnet,Mark A. Graber,Sanford Levinson
The Oxford Handbook of the U S Constitution Book PDF

Author : Mark Tushnet,Mark A. Graber,Sanford Levinson
Publisher : Oxford University Press
Page : 992 pages
File Size : 43,9 Mb
Release : 2015-07-31
Category : Law
ISBN : 9780190245764

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The Oxford Handbook of the U.S. Constitution by Mark Tushnet,Mark A. Graber,Sanford Levinson Pdf

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

An Unamendable Constitution?

Richard Albert,Bertil Emrah Oder
An Unamendable Constitution Book PDF

Author : Richard Albert,Bertil Emrah Oder
Publisher : Springer
Page : 390 pages
File Size : 46,9 Mb
Release : 2018-09-03
Category : Law
ISBN : 9783319951416

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An Unamendable Constitution? by Richard Albert,Bertil Emrah Oder Pdf

This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

Making a 21st Century Constitution

Frank Vibert
Making a 21st Century Constitution Book PDF

Author : Frank Vibert
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 44,6 Mb
Release : 2018-06-29
Category : LAW
ISBN : 9781788118057

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Making a 21st Century Constitution by Frank Vibert Pdf

Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.

Fidelity to Our Imperfect Constitution

James E. Fleming
Fidelity to Our Imperfect Constitution Book PDF

Author : James E. Fleming
Publisher : Oxford University Press
Page : 280 pages
File Size : 46,7 Mb
Release : 2015-07-17
Category : Law
ISBN : 9780199969463

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Fidelity to Our Imperfect Constitution by James E. Fleming Pdf

In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.

The Foundations and Traditions of Constitutional Amendment

Richard Albert,Xenophon Contiades,Alkmene Fotiadou
The Foundations and Traditions of Constitutional Amendment Book PDF

Author : Richard Albert,Xenophon Contiades,Alkmene Fotiadou
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 46,9 Mb
Release : 2017-07-13
Category : Law
ISBN : 9781509908271

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The Foundations and Traditions of Constitutional Amendment by Richard Albert,Xenophon Contiades,Alkmene Fotiadou Pdf

There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.

The Constitutional Convention of 1787 [2 volumes]

John R. Vile
The Constitutional Convention of 1787 2 volumes Book PDF

Author : John R. Vile
Publisher : Bloomsbury Publishing USA
Page : 1118 pages
File Size : 45,6 Mb
Release : 2005-06-24
Category : Law
ISBN : 9781851096749

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The Constitutional Convention of 1787 [2 volumes] by John R. Vile Pdf

The first encyclopedic treatment of the personalities, politics, and events involved in drafting the U.S. Constitution. This comprehensive treatment of all the personalities, philosophies, debates, and compromises involved in drafting the U.S. Constitution is the first encyclopedic work on the subject, compiling information into an easily accessible A–Z format. Biographies of all 55 delegates, analysis of the competing political viewpoints, procedural and substantive disputes, along with a host of other details are all presented here. Both the detail and the scholarship in this book are unmatched in any other work; the encyclopedic presentation simply does not exist elsewhere. Civil liberties, the scope of authority of the three branches of government, and other constitutional matters are increasingly at the forefront of public discussion. Scholars, citizens interested in self-education, and reference librarians faced with questions about the Constitution will find in this book all they require to answer their needs.