A Constitution Of Many Minds
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A Constitution Of Many Minds
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Author : Cass R. Sunstein
language : en
Publisher: Princeton University Press
Release Date : 2009-01-19
A Constitution Of Many Minds written by Cass R. Sunstein and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-19 with Law categories.
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
A Constitution Of Many Minds
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Author : Cass R. Sunstein
language : en
Publisher: Princeton University Press
Release Date : 2009-02-08
A Constitution Of Many Minds written by Cass R. Sunstein and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-08 with History categories.
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
Many Thoughts Of Many Minds Compiled By H Southgate
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Author : Henry Southgate
language : en
Publisher:
Release Date : 1862
Many Thoughts Of Many Minds Compiled By H Southgate written by Henry Southgate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1862 with categories.
The Many Lives Of Transnational Law
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Author : Peer Zumbansen
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-02
The Many Lives Of Transnational Law written by Peer Zumbansen 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 2020-04-02 with Law categories.
Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.
Public Epistemic Authority
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Author : Johann Moritz Laux
language : en
Publisher: Mohr Siebeck
Release Date : 2022-06-29
Public Epistemic Authority written by Johann Moritz Laux and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-29 with Law categories.
Inter- and supranational courts derive their legitimacy partly from an institutional comparison: judges' legal expertise and the quality of judicial procedures justify a court's claim to authority towards other branches of government and other courts with overlapping jurisdiction. To provide a benchmark for assessing judicial outcomes that is compatible with democratic commitments, Johann Laux suggests a new normative category, Public Epistemic Authority (PEA). It builds on the mechanisms behind theories of collective intelligence and empirical research on judicial decision-making. PEA tracks judges' collective ability to reliably identify breaches of law. It focuses on cognitive tasks in adjudication. The author applies PEA to the Court of Justice of the European Union and offers suggestions for improving its institutional design.
Many Thoughts Of Many Minds
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Author :
language : en
Publisher:
Release Date : 1863
Many Thoughts Of Many Minds written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1863 with Quotations categories.
The Methodology Of Constitutional Theory
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Author : Dimitrios Kyritsis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
The Methodology Of Constitutional Theory written by Dimitrios Kyritsis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Many Thoughts Of Many Minds
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Author : Various
language : en
Publisher: Good Press
Release Date : 2023-08-22
Many Thoughts Of Many Minds written by Various and has been published by Good Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-22 with Fiction categories.
"Many Thoughts of Many Minds" by Various. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Many Thoughts Of Many Minds
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Author : Henry Southgate
language : en
Publisher:
Release Date : 1862
Many Thoughts Of Many Minds written by Henry Southgate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1862 with Quotations categories.
Constitutional Pluralism In The European Union And Beyond
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Author : Matej Avbelj
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-29
Constitutional Pluralism In The European Union And Beyond written by Matej Avbelj and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-29 with Law categories.
Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.