A Principled Constitution
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A Principled Constitution
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Author : Steven D. Smith
language : en
Publisher: Rowman & Littlefield
Release Date : 2022-09-02
A Principled Constitution written by Steven D. Smith and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-02 with Law categories.
Is the United States Constitution the embodiment of certain principles? The four authors of this book for a variety of reasons, and with somewhat different emphases, believe the answer is no. Those who authored the Constitution no doubt all believed in liberty, equality, and, with caveats, republican self-government values, or if you will, principles. But they had different conceptions of those principles and what those principles entailed for constituting a government. Although the Constitution they created reflected, in some sense, their principles, the Constitution itself was a specific list of do’s and don’ts that its creators hoped would gain the allegiance of the newly independent and sovereign states. And, for somewhat different reasons, the authors of this book believe that was a good thing.
Expounding The Constitution
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2008-04-21
Expounding The Constitution written by Grant Huscroft 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 2008-04-21 with Law categories.
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.
Principled Reasoning In Human Rights Adjudication
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Author : Se-shauna Wheatle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-04-20
Principled Reasoning In Human Rights Adjudication written by Se-shauna Wheatle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-20 with Law categories.
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
The Principles Of Constitutionalism
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Author : N. W. Barber
language : en
Publisher: Oxford University Press
Release Date : 2018-07-26
The Principles Of Constitutionalism written by N. W. Barber 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 2018-07-26 with Law categories.
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Expounding The Constitution
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-11
Expounding The Constitution written by Grant Huscroft 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 2011-08-11 with Law categories.
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.
Land Use The Constitution
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Author : BRIAN W. BLAESSER
language : en
Publisher:
Release Date : 2019-06-14
Land Use The Constitution written by BRIAN W. BLAESSER and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-14 with categories.
America S Unwritten Constitution
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Author : Akhil Reed Amar
language : en
Publisher: Hachette UK
Release Date : 2012-09-11
America S Unwritten Constitution written by Akhil Reed Amar and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-11 with Law categories.
Despite its venerated place atop American law and politics, our written Constitution does not enumerate all of the rules and rights, principles and procedures that actually govern modern America. The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trial -- but surely this cannot be right. As esteemed legal scholar Akhil Reed Amar explains in America's Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond it -- in the vast trove of values, precedents, and practices that complement and complete the terse text. In this sequel to America's Constitution: A Biography, Amar takes readers on a tour of our nation's unwritten Constitution, showing how America's foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including the Federalist papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s "I Have a Dream" speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it. An authoritative work by one of America's preeminent legal scholars, America's Unwritten Constitution presents a bold new vision of the American constitutional system, showing how the complementary relationship between the Constitution's written and unwritten components is one of America's greatest and most enduring strengths.
The General Principles Of Constitutional Law In The United States Of America
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Author : Thomas McIntyre Cooley
language : en
Publisher:
Release Date : 1891
The General Principles Of Constitutional Law In The United States Of America written by Thomas McIntyre Cooley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1891 with Constitutional history categories.
The General Principles Of Constitutional Law In The United States Of America
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Author : Thomas McIntyre Cooley
language : en
Publisher:
Release Date : 1880
The General Principles Of Constitutional Law In The United States Of America written by Thomas McIntyre Cooley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Constitutional law categories.
Principles Of Constitutional Design
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Author : Donald S. Lutz
language : en
Publisher: Cambridge University Press
Release Date : 2006-08-28
Principles Of Constitutional Design written by Donald S. Lutz 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 2006-08-28 with Political Science categories.
This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.