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Commentaries On Statute And Constitutional Law And Statutory And Constitutional Construction Classic Reprint

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Commentaries On Statute And Constitutional Law And Statutory And Constitutional Construction Classic Reprint

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Author : E. Fitch Smith
language : en
Publisher: Forgotten Books
Release Date : 2018-01-14

Commentaries On Statute And Constitutional Law And Statutory And Constitutional Construction Classic Reprint written by E. Fitch Smith and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-14 with Law categories.

Excerpt from Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction IN presenting these Commentaries to the public, I have to admit, that owing to circumstances beyond my control, they are not as full, and complete as I could wished to have made them. Many branches of constitutional law within the appropriate range of my subject, remain untouched, and in many instances, those that have been treated of, necesari ly have been but partially considered. It is to be regret ted, that a subject of so much importance at the present time, had not received the consideration of an abler mind, or that what has been done by me, had not been executed in a better manner. I am conscious of defects in What I have done, but the defects that do exist in this work, so far as constitu tional law is concerned, are supplied to a great extent, by the previous able, and distinguished Commentaries of the late Mr. Justice Story. With such a predecessor on any subject, and especially that of constitutional law, the mind naturally shrinks in distrust of its own powers, to travel even at a remote distance, along the path which has been illuminated and ren dered brilliant by his refined and cultivated intellect. That distrust is heightened, when it is considered, he had great Opportunities to acquire much learning on this subject; hav ing for many years occupied a seat in the highest, and I hes itate not to say, the ablest judicial tribunal, which ever adorn ed the jurisprudence of any nation that too, at a period when the constitutional law of a New World, was the theme of fo rensic discussion, and judicial determination, by a galaxy of forensic and judicial talent, unsurpassed in point of brilliancy. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Commentaries On Statute And Constitutional Law And Statutory And Constitutional Construction

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Author : E. Fitch Smith
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2007

Commentaries On Statute And Constitutional Law And Statutory And Constitutional Construction written by E. Fitch Smith and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constitutional law categories.

Trials Of The State

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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2019-08-29

Trials Of The State written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.

A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.

Constitutional Construction

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Author : Keith E. Whittington
language : en
Publisher: Harvard University Press
Release Date : 2009-06-01

Constitutional Construction written by Keith E. Whittington and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-01 with Law categories.

This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

An Introduction To The Study Of The Law Of The Constitution

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Author : A.V. Dicey
language : en
Publisher: Springer
Release Date : 1985-09-30

An Introduction To The Study Of The Law Of The Constitution written by A.V. Dicey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-09-30 with Social Science categories.

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.