A Constitutional Order Of States
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A Constitutional Order Of States
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Author : Anthony Arnull
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-03-03
A Constitutional Order Of States written by Anthony Arnull and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-03 with Law categories.
This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.
A Constitutional Order Of States
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Author :
language : en
Publisher:
Release Date : 2011
A Constitutional Order Of States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Constitutional law categories.
This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of coh.
The New Constitutional Order
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-02-09
The New Constitutional Order written by Mark Tushnet 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 2009-02-09 with Law categories.
In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
States Of Union
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Author : Mark E. Brandon
language : en
Publisher: University Press of Kansas
Release Date : 2013-09-17
States Of Union written by Mark E. Brandon and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-17 with Law categories.
In two canonical decisions of the 1920s—Meyer v. Nebraska and Pierce v. Society of Sisters—the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution’s protective umbrella. Since then, proponents of “family values” have claimed that a timeless form of family—nuclear and biological—is crucial to the constitutional order. Mark Brandon’s new book, however, challenges these claims. Brandon addresses debates currently roiling America—the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the “constitutional” law of family has much deeper roots. Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing—especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households. Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court’s famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life. More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. States of Union is a groundbreaking volume that explains how family came to be “in” the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families.
The American Constitutional Order
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Author : Douglas W. Kmiec
language : en
Publisher:
Release Date : 2004
The American Constitutional Order written by Douglas W. Kmiec and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Constitutional history categories.
Constitutional Reason Of State
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Author : Carl Joachim Friedrich
language : en
Publisher: Pickle Partners Publishing
Release Date : 2018-12-05
Constitutional Reason Of State written by Carl Joachim Friedrich and has been published by Pickle Partners Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-05 with Philosophy categories.
THE PRESENT STUDY proposes to explore the history of the problem of ‘reason of state’ in a constitutional political order. The writers treated belong among the ‘great’ in modern political thought and therefore it is not and cannot be a question of dealing with the integral thought of the writers here examined. All we can hope to do is to seek out those aspects which bear more immediately upon this particular problem. Ratio status,—the very term shows that we are moving within the context of the great tradition of Western rationalism, where everything has its particular ratio or inner rationale which it behoves the mind to grasp and to understand. For the idea of such rationes is prominent in the Middle Ages,—an aspect of the matter which receives scant attention in Friedrich Meinecke’s magistral treatment of the subject Die Idee der Staatsräson in der Neueren Geschichte published in 1925 and by now become something of a classic. Perhaps partly because of his lack of sympathy for this rational basis of the idea which he was discussing, he also paid scant attention to that aspect of it which we are particularly concerned with here: reason of state in its application to the government of law, the constitutional order, in short ‘constitutional reason of state’ or more precisely ‘reason of the constitutional state.’
Territorial Pluralism In Europe
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Author : Nikos Skoutaris
language : en
Publisher: Hart Publishing
Release Date : 2021-03-11
Territorial Pluralism In Europe written by Nikos Skoutaris and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-11 with Law categories.
Governmental powers can be apportioned vertically at different levels. Five levels of vertical government are distinguishable, moving from purely local to the truly global: (1) local, ie municipal or citywide; (2) substate-regional (3) State; (4) supranational, eg the European Union; (5) and arguably global eg the WTO and the UN. This book focuses on levels (2) (3) and (4). It intends to analyse the interaction of the constitutional and political orders of EU Member States that exhibit varying degrees of territorial pluralism, their sub-state entities and the supranational organisation to which they belong. It does so by comparing the division of competences for internal policies but also for external affairs, the various models of fiscal federalism and the different systems for the effective protection of individual and collective rights within various European multi-level constitutional orders. Following a functional method of comparative constitutional law, on which the ERC-funded European and National Constitutional law project is based, the current book provides for an important study of the application of the federal principle within the European constitutional space.
The Constitution As Social Design
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Author : Gretchen Ritter
language : en
Publisher: Stanford University Press
Release Date : 2006
The Constitution As Social Design written by Gretchen Ritter and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by womens rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.
Constitutional Order
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Author : T T Carter
language : en
Publisher: Legare Street Press
Release Date : 2023-07-18
Constitutional Order written by T T Carter and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-18 with categories.
In this thoughtful and provocative work, T. T. Carter presents a compelling case for the importance of constitutional order in modern society. Drawing on a wide range of historical and contemporary examples, Carter examines the foundations of constitutionalism, its role in protecting individual rights and freedoms, and the challenges that it faces in an increasingly complex and interconnected world. Whether you are a scholar of political science or simply a concerned citizen looking to better understand the issues that shape our world, this book is an essential read. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A Confucian Constitutional Order
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Author : Jiang Qing
language : en
Publisher: Princeton University Press
Release Date : 2012-10-28
A Confucian Constitutional Order written by Jiang Qing 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 2012-10-28 with Political Science categories.
What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.