The Logic Of Constitutional Rights

Author : Eric Heinze
Publisher : Routledge
Page : 122 pages
File Size : 53,8 Mb
Release : 2017-09-08
Category : Law
ISBN : 9781351886468

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The Logic of Constitutional Rights by Eric Heinze Pdf

Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.

Author : Richard H. Fallon Jr.
Publisher : Cambridge University Press
Page : 223 pages
File Size : 41,5 Mb
Release : 2019-03-14
Category : Law
ISBN : 9781108651875

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The Nature of Constitutional Rights by Richard H. Fallon Jr. Pdf

What does it mean to have a constitutional right in an era in which most rights must yield to 'compelling governmental interests'? After recounting the little-known history of the invention of the compelling-interest formula during the 1960s, The Nature of Constitutional Rights examines what must be true about constitutional rights for them to be identified and enforced via 'strict scrutiny' and other, similar, judge-crafted tests. The book's answers not only enrich philosophical understanding of the concept of a 'right', but also produce important practical payoffs. Its insights should affect how courts decide cases and how citizens should think about the judicial role. Contributing to the conversation between originalists and legal realists, Richard H. Fallon, Jr explains what constitutional rights are, what courts must do to identify them, and why the protections that they afford are more limited than most people think.

Author : Thomas Reed Powell
Publisher : Unknown
Page : 14 pages
File Size : 49,9 Mb
Release : 1918
Category : Constitutional law
ISBN : OCLC:2123411

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The Logic and Rhetoric of Constitutional Law by Thomas Reed Powell Pdf

Author : Robert Alexy
Publisher : Unknown
Page : 518 pages
File Size : 51,9 Mb
Release : 2010
Category : Law
ISBN : 9780199584239

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A Theory of Constitutional Rights by Robert Alexy Pdf

In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.

Author : Thomas R. Powell
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 1993-08-01
Category : Electronic
ISBN : 0829030972

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The Logic and Rhetoric of Constitutional Law by Thomas R. Powell Pdf

Author : Richard H. Fallon Jr.
Publisher : Cambridge University Press
Page : 223 pages
File Size : 48,9 Mb
Release : 2019-03-14
Category : Law
ISBN : 9781108483261

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The Nature of Constitutional Rights by Richard H. Fallon Jr. Pdf

Explains constitutional rights, how courts must identify them, and why their protections are more limited than most people think.

Author : Eric Heinze
Publisher : Routledge
Page : 353 pages
File Size : 46,5 Mb
Release : 2004-02-24
Category : Philosophy
ISBN : 9781134419838

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The Logic of Liberal Rights by Eric Heinze Pdf

The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.

Author : Robert C. Post,K. Anthony Appiah,Judith Butler,Thomas C. Grey,Reva B. Siegel
Publisher : Duke University Press
Page : 179 pages
File Size : 45,9 Mb
Release : 2001-10-19
Category : Law
ISBN : 9780822381136

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Prejudicial Appearances by Robert C. Post,K. Anthony Appiah,Judith Butler,Thomas C. Grey,Reva B. Siegel Pdf

In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscrimination project in ways that would render the law more effective and just. Four distinguished commentators respond to Post’s provocative essay. Each adopts a distinctive perspective. K. Anthony Appiah investigates the philosophical logic of stereotyping and of equality. Questioning whether the law ought to endorse any social practices that define persons, Judith Butler explores the tension between sociological and postmodern approaches to antidiscrimination law. Thomas C. Grey examines whether Post’s proposal can be reconciled with the values of the rule of law. And Reva B. Siegel applies critical race theory to query whether antidiscrimination law’s reshaping of race and gender should best be understood in terms of practices of subordination and stratification. By illuminating the consequential rhetorical maneuvers at the heart of contemporary U.S. antidiscrimination law, Prejudical Appearances forces readers to reappraise the relationship between courts of law and social behavior. As such, it will enrich scholars interested in the relationships between law, rhetoric, postmodernism, race, and gender.

Author : Joel Bakan
Publisher : University of Toronto Press
Page : 241 pages
File Size : 42,8 Mb
Release : 1997-01-01
Category : Law
ISBN : 9780802004611

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Just Words by Joel Bakan Pdf

Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.

Author : Eric Heinze
Publisher : Routledge
Page : 152 pages
File Size : 47,6 Mb
Release : 2018-05-08
Category : Law
ISBN : 9781351770149

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The Logic of Equality by Eric Heinze Pdf

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

Author : Sanford Levinson
Publisher : University Press of Kansas
Page : 384 pages
File Size : 52,7 Mb
Release : 2016-09-09
Category : Political Science
ISBN : 9780700622993

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Nullification and Secession in Modern Constitutional Thought by Sanford Levinson Pdf

The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Author : Patrick Macklem
Publisher : University of Toronto Press
Page : 348 pages
File Size : 49,5 Mb
Release : 2001-01-01
Category : Law
ISBN : 0802080499

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Indigenous Difference and the Constitution of Canada by Patrick Macklem Pdf

An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.

Author : James M. Buchanan
Publisher : Collected Works of James M. Bu
Page : 0 pages
File Size : 50,9 Mb
Release : 1999
Category : Business & Economics
ISBN : 0865972141

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The Logical Foundations of Constitutional Liberty by James M. Buchanan Pdf

The thirty-one papers presented in this volume offer scholars and general readers alike a comprehensive introduction to the work of one of the greatest economists of the modern era. Many of Buchanan's most important essays are gathered in this inaugural volume of the twenty-volume series from Liberty Fund of his Collected Works. The editors have focused on papers that Buchanan has written without collaboration and which present Buchanan's earlier, classic statements on crucial subjects rather than his subsequent elaborations which appear in later volumes in the series. Included, too, is Buchanan's Nobel address, "The Constitution of Economic Policy," and the text of the Nobel Committee's press release explaining why Buchanan was awarded the prize for Economics in 1986. The volume also includes Buchanan's autobiographical essay, "Better Than Plowing," in which he gives not only a brief account of his life, but also his own assessment of what is important, distinctive, and enduring in his work. The foreword by the three series editors will be valuable to all readers who wish to engage the challenging but epochal writings of the father of modern public choice theory. --

Author : Mark Tushnet
Publisher : Yale University Press
Page : 320 pages
File Size : 40,8 Mb
Release : 2020-07-14
Category : Law
ISBN : 9780300252903

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Taking Back the Constitution by Mark Tushnet Pdf

How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Author : Vijayashri Sripati
Publisher : Oxford University Press
Page : 374 pages
File Size : 55,7 Mb
Release : 2020-01-16
Category : Law
ISBN : 9780199098361

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Constitution-Making under UN Auspices by Vijayashri Sripati Pdf

In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.