Active Liberty

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Active Liberty

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Author : Stephen Breyer
language : en
Publisher: Vintage
Release Date : 2007-12-18

Active Liberty written by Stephen Breyer and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Political Science categories.

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Active Liberty

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Author : Stephen Breyer
language : en
Publisher: OUP Oxford
Release Date : 2008-03-13

Active Liberty written by Stephen Breyer and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-13 with Law categories.

This is an extended, international edition of Justice Breyer's theory of constitutional interpretation, and the role of courts in a modern democracy. For the revised, international edition Breyer includes an examination of topical debates in Europe, including the legitimacy of the EU and religious freedom under the ECHR.

Essays On The Active Powers Of Man

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Author : Thomas Reid
language : en
Publisher:
Release Date : 1788

Essays On The Active Powers Of Man written by Thomas Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1788 with Act (Philosophy) categories.

Making Our Democracy Work

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Author : Stephen Breyer
language : en
Publisher: Vintage
Release Date : 2010-09-14

Making Our Democracy Work written by Stephen Breyer and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-14 with Political Science categories.

The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.

Modern Liberty And The Limits Of Government Issues Of Our Time

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Author : Charles Fried
language : en
Publisher: W. W. Norton & Company
Release Date : 2011-02-07

Modern Liberty And The Limits Of Government Issues Of Our Time written by Charles Fried and has been published by W. W. Norton & Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-07 with Political Science categories.

“An erudite, sharp-tongued libertarian, eager to do battle with censors, regulators ... and sanctimonious busybodies of every stripe.”—New York Times In this impassioned defense of liberty, renowned Harvard law professor Charles Fried argues that the seemingly unimpeachable goals of equality and community are often the most potent rivals of freedom. Declared a “spirited, sophisticated manifesto” by the New York Times Book Review, Modern Liberty demonstrates how the dense tangle of government regulations both supports and threatens our personal liberties. Armed with Fried’s insights, readers will be better able to defend themselves against those on both the left and the right who would, even with the best intentions, restrict their liberty.

Law Liberty And The Rule Of Law

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Author : Imer B. Flores
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-29

Law Liberty And The Rule Of Law written by Imer B. Flores and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-29 with Philosophy categories.

In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

Between Authority And Liberty

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Author : Marc W. Kruman
language : en
Publisher: UNC Press Books
Release Date : 1997

Between Authority And Liberty written by Marc W. Kruman and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.

In a major reinterpretation of American political thought in the revolutionary era, Marc Kruman explores the process of constitution making in each of the thirteen original states and shows that the framers created a distinctively American science of poli

Terror Insecurity And Liberty

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Author : Didier Bigo
language : en
Publisher: Routledge
Release Date : 2008-05-13

Terror Insecurity And Liberty written by Didier Bigo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-05-13 with History categories.

This edited volume questions the widespread resort to illiberal security practices by contemporary liberal regimes since 9/11, and argues that counter-terrorism is embedded into the very logic of the fields of politics and security.Although recent debate surrounding civil rights and liberties in post-9/11 Europe has focused on the forms, provisions

On Liberty

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Author : John Stuart Mill
language : en
Publisher:
Release Date : 1895

On Liberty written by John Stuart Mill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1895 with Liberty categories.

Two Concepts Of Liberty

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Author : Isaiah Berlin
language : en
Publisher:
Release Date : 1966

Two Concepts Of Liberty written by Isaiah Berlin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with categories.