Basic Constitutional Values
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Basic Constitutional Values
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Author :
language : en
Publisher:
Release Date : 1994
Basic Constitutional Values written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Constitutional history categories.
Contributed articles with reference to India.
Constitutional Topography
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2010
Constitutional Topography written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
Constitutional Confrontation In Hong Kong
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Author : Michael C. Davis
language : en
Publisher: Springer
Release Date : 2016-01-03
Constitutional Confrontation In Hong Kong written by Michael C. Davis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-03 with Political Science categories.
An examination of China's accommodation of Western constitutional values, in the light of the pending return of British Hong Kong to China. The Joint Declaration which governs the return guarantees a continuance of these values, and this study looks at the resulting tensions between East and West.
Constitution 3 0
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Author : Jeffrey Rosen
language : en
Publisher: Rowman & Littlefield
Release Date : 2011-11-11
Constitution 3 0 written by Jeffrey Rosen and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-11 with Law categories.
At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre
Constitutional Values And European Contract Law
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Author : Stefan Grundmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-06-27
Constitutional Values And European Contract Law written by Stefan Grundmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-27 with Law categories.
Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all-encompassing basis.
An Inquiry Into The Existence Of Global Values
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Author : Dennis Davis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
An Inquiry Into The Existence Of Global Values written by Dennis Davis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Constitutional Protection Of Basic Social Values
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Author : Robert S. Summers
language : en
Publisher:
Release Date : 1974
Constitutional Protection Of Basic Social Values written by Robert S. Summers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Civil rights categories.
Constitutional Values
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Author : Daniel E. Hall
language : en
Publisher: Prentice Hall
Release Date : 2009
Constitutional Values written by Daniel E. Hall and has been published by Prentice Hall this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Civil rights categories.
Constitutional Values: Governmental Power and Individual Freedoms in American Politicsis a single volume that examines both constitutional law and civil liberties using narrative, well-edited cases, and real-world interpretations. It introduces readers to the underlying political structure of the American judiciary, explores the constitutional foundations for governmental authority, and reviews the legal protections for individual rights and liberties in the American political system. Chapter questions are included to provoke readers' analytical and critical thinking skills, and over 100 cases help readers understand how constitutional doctrines are applied. Presents a sound discussion of governmental structure and authority in the first part of the book. Follows with a clear presentation of civil liberties and civil rights in the second part of the book. Contains over 100 edited cases which are referenced in Part Two of the book. Includes important U.S. Supreme Court opinions regarding governmental authority and individual freedoms. Covers standard Supreme Court cases and also incorporates contemporary constitutional controversies. Discusses unique local cases which demonstrate the local implications of constitutional politics. Includes cases from Maryland, New York, Connecticut, California, Ohio, Minnesota, Iowa, Rhode Island, Alabama, Virginia and more! Provides true insights into the day-to-day realities of constitutional law. Encourages readers to apply constitutional doctrines to local controversies.Anyone interested in or involved with constitutional law and civil liberties.
Human Dignity
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Author : Aharon Barak
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-29
Human Dignity written by Aharon Barak 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 2015-01-29 with Law categories.
An analytical study of human dignity as the humanity of a person, as a constitutional value and a constitutional right.
The Constitutional Balance
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Author : John Laws
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-28
The Constitutional Balance written by John Laws and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-28 with Law categories.
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.