Due Process Of Lawmaking
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Due Process Of Lawmaking
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Author : Susan Rose-Ackerman
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-22
Due Process Of Lawmaking written by Susan Rose-Ackerman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-22 with Law categories.
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Due Process Of Lawmaking
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Author : Susan Rose-Ackerman
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-22
Due Process Of Lawmaking written by Susan Rose-Ackerman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-22 with Law categories.
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Due Process Of Lawmaking
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Author : Hans A. Linde
language : en
Publisher:
Release Date : 1976
Due Process Of Lawmaking written by Hans A. Linde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Due process of law categories.
Due Process Of Law
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Author : John V. Orth
language : en
Publisher:
Release Date : 2003
Due Process Of Law written by John V. Orth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general.
The Arc Of Due Process In American Constitutional Law
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Author : E. Thomas Sullivan
language : en
Publisher: Oxford University Press
Release Date : 2013-03-27
The Arc Of Due Process In American Constitutional Law written by E. Thomas Sullivan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-27 with Law categories.
Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.
Due Process Of Law
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Author : Rodney Loomer Mott
language : en
Publisher:
Release Date : 1926
Due Process Of Law written by Rodney Loomer Mott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1926 with Constitutional law categories.
Origin And Development Of The Concept Of Due Process Of Law
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Author : Rodney Loomer Mott
language : en
Publisher:
Release Date : 1926
Origin And Development Of The Concept Of Due Process Of Law written by Rodney Loomer Mott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1926 with Constitutional law categories.
Due Process
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Author : James Roland Pennock
language : en
Publisher: NYU Press
Release Date : 1977-06
Due Process written by James Roland Pennock and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977-06 with Political Science categories.
Human Nature in Politics brings the competences and perspectives of law, philosophy and political science to bear on an imporant subject seldom treated at book length. The subject of human nature in politics is as old as systematic thought about politics. Out of favor for a period in modern times, it is now once more the subject of attention by political theorists who often borrow heavily from the disciplines of biology and psychology. The plurality of their approaches and insights is reflecteed in Part I of the book: Perspectives on Human Nature. Although appeals to human nature have historically been made by both radicals and conservatives, it is the latter who have more typically sought support from this source. However, modern radicals are beginning to re-explore the subject, as is evidenced in the second section on "Human Nature and Radical Political Thought." In the concluding section of the book, four authors analyze the question of "Rationality and Human Nature" and, with a broader interpretation of rationality, find bases in human nature for some confidence that politics need not be an irrational enterprise. The bibliography at the end of the volume is of particular value for all students of political theory. Thirteen outstanding authors contribute to this volume, which must be of interest to legal philosophers and students of jurisprudence in all English-speaking countries.
Due Process Of Law And The Equal Protection Of The Laws
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Author : Hannis Taylor
language : en
Publisher:
Release Date : 1917
Due Process Of Law And The Equal Protection Of The Laws written by Hannis Taylor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1917 with Administrative law categories.
Judicial Activism At The European Court Of Justice
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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Judicial Activism At The European Court Of Justice written by Bruno de Witte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.