Download Full eBooks in PDF
The Un Written Constitution Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Un Written Constitution book. This book definitely worth reading, it is an incredibly well-written.
Author : Akhil Reed Amar,Akhil Amar
Publisher : Basic Books
Page : 640 pages
File Size : 42,5 Mb
Release : 2012-09-11
Category : Law
ISBN : 9780465033096
Explores the little-understood relationship between the written Constitution and the many external factors that shape the interpretations of this foundational document.
Author : George Thomas
Publisher : Oxford University Press
Page : 185 pages
File Size : 46,8 Mb
Release : 2021
Category : Law
ISBN : 9780197555972
"The late Justice Scalia relished pointing to departures from text as departures from the Constitution, but in fact his jurisprudence relied on unwritten ideas. As textualism has become more prominent with the elevation of Justices Gorsuch and Kavanaugh to the Supreme Court-jurists in the mold of Scalia-it is crucial to reveal the unwritten ideas that drive textualist readings of the Constitution. Our deepest debates about America's written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of text. This fact is obscured by the public understanding of textualism and originalism as put forward by its most prominent judicial advocates. The (Un)Written Constitution makes these ideas visible by turning to the practices of Supreme Court justices and political actors in interpreting the Constitution over more than two centuries. From founding debates about freedom of speech and religion to contemporary arguments about judicial review, the separation of powers, same-sex marriage, and partisan gerrymandering, this work highlights the too often unacknowledged ideas that animate our debates about the written Constitution. Contrary to textual jurists, these recurrent debates are not about whether to follow the text; they are disputes about what fidelity to the text requires. How do we weigh and balance different textual provisions and see them as part of a constitutional whole? The text does not answer such questions. This book illustrates that moving beyond the text is an inescapable feature of interpreting America's written Constitution"--
Author : Grant Huscroft
Publisher : Cambridge University Press
Page : 0 pages
File Size : 43,9 Mb
Release : 2011-08-11
Category : Law
ISBN : 0521173345
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Author : Brian Christopher Jones
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 55,5 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 : Stephen Green,Thomas Legg,Martin Donnelly
Publisher : Haus Publishing
Page : 58 pages
File Size : 41,7 Mb
Release : 2021-10-15
Category : Law
ISBN : 9781913368319
A consideration of how to repair the British state. Not since Ireland broke away from the United Kingdom has the British state been so fragile. Northern Ireland now operates under trading rules that are legally separate from the rest of the nation. In Wales, support for independence is running at a historical high, and Scotland is more conscious than ever of its individual identity and has aspirations for a European future. With public trust and confidence in government at record lows, the United Kingdom faces a crisis that can only be repaired by a new constitutional settlement. Unwritten Rule calls for a radical realignment, embracing a federal approach that would accommodate devolution as the best way of bringing about a successful and diverse national life, increasing democratic control over local and national decision-making, and modernizing national political structures.
Author : Akhil Reed Amar
Publisher : Random House
Page : 672 pages
File Size : 46,5 Mb
Release : 2012-02-29
Category : History
ISBN : 9781588364876
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Author : Don Krasher Price
Publisher : Harvard University Press
Page : 224 pages
File Size : 51,5 Mb
Release : 1985
Category : Political Science
ISBN : 0674031423
Don K. Price seeks the cause of the nation's inability to develop coherent policies and manage consistent programs and finds it in American attitudes toward authority. This country's managerial disarray can be traced to religious and philosophical roots of our informal system of government and its development. Price shows how a native American skepticism toward all establishments, combined with a belief in the role of science as advancing progress, has given us a moralistic, reformist view of government that rejects compromise even for the sake of coherence and continuity. This is unlike the experience of Great Britain and Canada, which he relates in a series of incisive comparisons.
Author : Christopher Gustavus Tiedeman
Publisher : New York : G.P. Putnam's sons
Page : 186 pages
File Size : 44,5 Mb
Release : 1890
Category : Constitutional law
ISBN : MINN:31951002013919J
Author : Peter Augustine Lawler,Richard M. Reinsch II
Publisher : University Press of Kansas
Page : 192 pages
File Size : 53,9 Mb
Release : 2019-05-13
Category : Political Science
ISBN : 9780700627813
When political debates devolve, as they often do these days, into a contest between big-government progressivism and natural rights individualism, Americans tend to appeal to the “self-evident” truths inscribed in the Declaration of Independence and the Constitution. But Peter Lawler and Richard Reinsch remind us that these truths understood in the abstract are untethered from a prior, unwritten constitution presupposed by the Framers—one found in culture, customs, traditions, experiences, and beliefs. A Constitution in Full is Lawler and Reinsch’s attempt to return this critical context to US constitutionalism—to recover a political sense of individualism in relation to country, family, religious community, and nature. Power, the authors suggest, is a public trust, not a form of obedience to either majoritarian suppression of particular liberties or the endless rights-claims lodged by autonomous individuals against society. Instead, power is ordered to the demands of a shared political enterprise that emerges from man’s social nature. Building on political insights from Alexis de Tocqueville, Orestes Brownson, John Courtney Murray, and others Lawler and Reinsch seek to restore the relational person—the individual grounded in family, work, faith, and community—to a central place in our understanding of republican constitutionalism. Their work promotes the ongoing development of constitutional self-government rooted in our historical, legal, and religious foundations. The shared middle-class values that once united almost all Americans as well as any confidence in democratic deliberation or political liberty are rapidly atrophying. This book aims to rebuild this confidence by helping us think seriously about the complex interplay between political and economic liberties and the relational life of creatures and citizens.
Author : Bulmer, W.
Publisher : Policy Press
Page : 302 pages
File Size : 48,7 Mb
Release : 2020-10-23
Category : Political Science
ISBN : 9781529200669
Constitutional scholar Elliot Bulmer considers what Britain might learn from Westminster-derived constitutions around the world. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, this book builds to a bold re-imagining of the United Kingdom’s future written framework.
Author : Brice Dickson
Publisher : Pocket Politics
Page : 128 pages
File Size : 55,8 Mb
Release : 2019-07
Category : Constitutional law
ISBN : 1526131935
Our unwritten Constitution is past its sell-by date. If the Union is to be preserved we must recognise the UK as a federal country along the lines of Canada and Australia, and soon. Such is the argument made by Brice Dickson in this lucid and timely intervention to the debate on Britain's political future. A federal structure, he reasons, could maximise the benefits of cooperation between semi-autonomous regions while at the same time paying due respect to the nationalisms that exist within constituent parts of the country. The devolution of powers to the home nations, coupled with the trials and tribulations associated with Brexit and reform of the House of Lords, point to grave risks in the UK's current constitutional position. Dickson proposes a Constitutional Reform Act which would federalise the nation, provide a modern Bill of Rights, formalise allocation of public expenditure to devolved regions, and contain a clause setting out the 'purpose' of the UK. The UK has an enviable record in rising to a variety of challenges down the centuries, but the fallout from our recent history makes greater certainty and predictability imperative. This urgent analysis by one of our leading constitutional experts points to how that might best be achieved.
Author : Thomas B. McAffee
Publisher : Bloomsbury Publishing USA
Page : 200 pages
File Size : 52,7 Mb
Release : 2000-07-30
Category : Law
ISBN : 9780313001109
In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.
Author : Aarif Abraham
Publisher : BoD – Books on Demand
Page : 382 pages
File Size : 46,6 Mb
Release : 2021-04-30
Category : Political Science
ISBN : 9783838215167
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.
Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 43,9 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806
There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.
Author : Adrian Vermeule
Publisher : John Wiley & Sons
Page : 171 pages
File Size : 50,8 Mb
Release : 2022-02-08
Category : Political Science
ISBN : 9781509548880
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.