The Invisible Constitution

Author : Laurence H. Tribe
Publisher : Oxford University Press
Page : 304 pages
File Size : 53,5 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.

Author : Rosalind Dixon,Adrienne Stone
Publisher : Cambridge University Press
Page : 595 pages
File Size : 48,9 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781108417570

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The Invisible Constitution in Comparative Perspective by Rosalind Dixon,Adrienne Stone Pdf

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.

Author : Antje Wiener
Publisher : Cambridge University Press
Page : 266 pages
File Size : 43,7 Mb
Release : 2012-03-15
Category : Political Science
ISBN : 1107404401

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The Invisible Constitution of Politics by Antje Wiener Pdf

As social practices now frequently extend beyond national boundaries, experiences and expectations about fair and legitimate politics have become increasingly fragmented. Our ability to understand and interpret others and to tolerate difference, rather than overcome diversity, is therefore at risk. This book focuses on the contested meanings of norms in a world of increasing international encounters. The author argues that cultural practices are less visible than organisational practices, but are constitutive for politics and need to be understood and empirically 'accounted' for. Comparing four elite groups in Europe, Antje Wiener shows how this invisible constitution of politics matters. By comparing individual interpretations of norms such as democracy and human rights, she shows how they can mean different things, even to frequently travelling elite groups.

Author : Laurence Tribe,Joshua Matz
Publisher : Henry Holt and Company
Page : 416 pages
File Size : 40,7 Mb
Release : 2014-06-03
Category : Political Science
ISBN : 9780805099133

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Uncertain Justice by Laurence Tribe,Joshua Matz Pdf

With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 42,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214

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Comparative Constitutional Law by Tom Ginsburg,Rosalind Dixon Pdf

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Author : David Sloss
Publisher : Oxford University Press
Page : 473 pages
File Size : 47,9 Mb
Release : 2016
Category : Law
ISBN : 9780199364022

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The Death of Treaty Supremacy by David Sloss Pdf

This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.

Author : Florian Jaton
Publisher : MIT Press
Page : 401 pages
File Size : 50,8 Mb
Release : 2021-04-27
Category : Computers
ISBN : 9780262542142

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The Constitution of Algorithms by Florian Jaton Pdf

A laboratory study that investigates how algorithms come into existence. Algorithms--often associated with the terms big data, machine learning, or artificial intelligence--underlie the technologies we use every day, and disputes over the consequences, actual or potential, of new algorithms arise regularly. In this book, Florian Jaton offers a new way to study computerized methods, providing an account of where algorithms come from and how they are constituted, investigating the practical activities by which algorithms are progressively assembled rather than what they may suggest or require once they are assembled.

Author : Richard Moon
Publisher : University of Toronto Press
Page : 330 pages
File Size : 51,6 Mb
Release : 2000-01-01
Category : Law
ISBN : 0802078362

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The Constitutional Protection of Freedom of Expression by Richard Moon Pdf

Moon argues that recognition of the social dynamic of communication is critical to understanding the potential value and harm of language and to addressing questions about the scope and limits on one's rights to freedom of expression.

Author : Rohit De
Publisher : Princeton University Press
Page : 308 pages
File Size : 53,7 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.

Author : Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe
Publisher : Harvard University Press
Page : 157 pages
File Size : 40,5 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9780674044456

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On Reading the Constitution by Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe Pdf

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Author : J. Gaudillière
Publisher : Springer
Page : 390 pages
File Size : 47,5 Mb
Release : 1998-07-13
Category : Business & Economics
ISBN : 9781349264438

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The Invisible Industrialist by J. Gaudillière Pdf

Industrial methods, and industrially produced instruments, reagents and living organisms are central to research activities today. They play a key role in the homogenization and the diffusion of laboratory practices, thus in their transformation into a stable and unproblematic knowledge about the natural world. This book displays the - frequently invisible - role of industry in the construction of fundamental scientific knowledge through the examination of case studies taken from the history of nineteenth and the twentieth century physics, chemistry and biomedical sciences.

Author : Laurence H. Tribe
Publisher : Unknown
Page : 0 pages
File Size : 52,9 Mb
Release : 2000
Category : Law
ISBN : 8175341734

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Constitutional Choices by Laurence H. Tribe Pdf

Author : Martin Loughlin
Publisher : Harvard University Press
Page : 273 pages
File Size : 49,5 Mb
Release : 2022-05-17
Category : Law
ISBN : 9780674276550

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Against Constitutionalism by Martin Loughlin Pdf

A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Author : David E. Smith
Publisher : University of Toronto Press
Page : 290 pages
File Size : 43,5 Mb
Release : 2013-08-31
Category : History
ISBN : 9781442669123

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The Invisible Crown by David E. Smith Pdf

The Crown is not only Canada’s oldest continuing political institution, but also its most pervasive, affecting the operation of Parliament and the legislatures, the executive, the bureaucracy, the courts, and federalism. However, many consider the Crown to be obscure and anachronistic. David E. Smith’s The Invisible Crown was one of the first books to study the role of the Crown in Canada, and remains a significant resource for the unique perspective it offers on the Crown’s place in politics. The Invisible Crown traces Canada’s distinctive form of federalism, with highly autonomous provinces, to the Crown’s influence. Smith concludes that the Crown has greatly affected the development of Canadian politics due to the country’s societal, geographic, and economic conditions. Praised by the Globe and Mail’s Michael Valpy as “a thoroughly lucid, scholarly explanation of how the Canadian constitutional monarchy works,” it is bolstered by a new foreword by the author speaking to recent events involving the Crown and Canadian politics, notably the prorogation of Parliament in 2008.

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press
Page : 321 pages
File Size : 54,9 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.