Constitutional Clarity
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Constitutional Clarity
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Author : Thomas T. Taylor
language : en
Publisher: eBookIt.com
Release Date : 2023-08-23
Constitutional Clarity written by Thomas T. Taylor and has been published by eBookIt.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-23 with Law categories.
Unlock the Secrets of the Constitution Ever felt overwhelmed or confused by the intricacies of the U.S. Constitution? You're not alone. The foundation of American governance, the Constitution can often seem complex and inaccessible. But what if there was a guide that made it all simple? Dive into Constitutional Clarity: A Simple Guide to Constitutional Law and discover the Constitution like never before. This meticulously crafted guide breaks down the core principles, rights, and structures that have shaped the nation for centuries. From the historic origins of constitutional law to the pivotal cases that have defined its interpretation, this book is a treasure trove of insights. Explore the balance between individual freedoms and collective good, unravel the essence of federalism, and compare the U.S. Constitution with its counterparts from around the globe. With chapters dedicated to each branch of government and their powers, you'll gain a comprehensive understanding of the checks and balances that ensure democracy. Uncover the process of constitutional amendments, learn about the rights and responsibilities of citizens, and get practical tips on engaging with and protecting your constitutional rights. The added appendices offer a full text of the U.S. Constitution, a glossary of key terms, resources for further reading, and guidance on advocacy and engagement. Don't let the Constitution remain a mystery. Equip yourself with knowledge, foster informed discussions, and be an active participant in the democratic process. Whether you're a student, educator, activist, or simply a curious reader, Constitutional Clarity is your key to understanding the Constitution in all its depth and nuance. Embark on this enlightening journey today!
The Virtues Of Value Clarity In Constitutional Decisionmaking
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Author : Terri Peretti
language : en
Publisher:
Release Date : 2008
The Virtues Of Value Clarity In Constitutional Decisionmaking written by Terri Peretti and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
Traditional evaluations of the Supreme Court's constitutional opinions focus on whether it has satisfied norms of legal craftsmanship and observed its properly limited role as dictated by the precarious legitimacy of judicial review in our democracy. An important criterion too often overlooked or underemphasized is the clarity wit which the Court expresses and justifies its preferences for one value over another. By clearly articulating the value preference inherent in its decisions, the Court can perform an important democratic function: enhancing the ability of a focused electorate to understand, debate, and resolve the important issues of the day. Value clarity thus may help to reconcile the practice of judicial review with democratic values.
Obscurity And Clarity In The Law
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Author : Sophie Cacciaguidi-Fahy
language : en
Publisher: Routledge
Release Date : 2016-12-05
Obscurity And Clarity In The Law written by Sophie Cacciaguidi-Fahy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.
Constitutionalising Secession
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Author : David Haljan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-01
Constitutionalising Secession written by David Haljan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-01 with Law categories.
Constitutionalising Secession proceeds from the question, 'What, if anything, does the law have to say about a secession crisis?' But rather than approaching secession through the optic of political or nationalist institutional accommodation, this book focuses on the underpinnings to a constitutional order as a law-making community, underpinnings laid bare by secession pressures. Relying on the corrosive effects of secession, it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order. A core idea is that the normativity of law is best understood, through a constitutional optic, as an integrative, associative force. Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession, and takes as a leading case-study the judicial and legislative response to secession in Canada. The book therefore develops a concept of constitutionalism and law-making - 'associative constitutionalism' - to describe their deep structure as a continuing, integrative process of association. This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems.
Constitutional Principles Relevant To The Relationship Between The National Provincial And Local Levels Of Government Questions Of Clarity
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Author : F. Venter
language : en
Publisher:
Release Date : 1995
Constitutional Principles Relevant To The Relationship Between The National Provincial And Local Levels Of Government Questions Of Clarity written by F. Venter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Constitutional law categories.
The Constitution In Exile
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Author : Andrew P. Napolitano
language : en
Publisher: HarperChristian + ORM
Release Date : 2007-03-18
The Constitution In Exile written by Andrew P. Napolitano and has been published by HarperChristian + ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-18 with Education categories.
What ever happened to our inalienable rights? The Constitution was once the bedrock of our country, an unpretentious parchment that boldly established the God-given rights and freedoms of America. Today that parchment has been shred to ribbons, explains Fox News senior judicial analyst Judge Andrew P. Napolitano, as the federal government trounces state and individual rights and expands its reach far beyond what the Framers intended. An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done. It's an exciting excursion into the dark corners of the law, showing how do-gooders, busybodies, and control freaks in government disregard the limitations imposed upon Congress by the Constitution and enact laws, illegal and unnatural, in virtually every area of human endeavor. Praise for The Constitution in Exile from Left, Right, and Center "Does anyone understand the vision of America's founding fathers? The courts and Congress apparently don't have a clue. But Judge Andrew P. Napolitano does, and so will you, if you read The Constitution in Exile."-BILL O'REILLY "Whatever happened to states rights, limited government, and natural law? Judge Napolitano, in his own inimitable style, takes us on a fascinating tour of the destruction of constitutional government. If you want to know how the federal government got so big and fat, read this book. Agree or disagree, this book will make you think."-SEAN HANNITY "In all of the American media, Judge Andrew P. Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution, very much including the Bill of Rights. Increasingly, our Constitution is in clear and present danger. Judge Napolitano--in The Constitution in Exile--has challenged all Americans across party lines to learn the extent of this constitutional crisis." -NAT HENTOFF "Judge Napolitano engages here in what I do every day on my program-make you think. There's no question that potential Supreme Court nominees and what our Constitution says and doesn't say played a major role for many voters in our last couple of elections. What the judge does here is detail why the federal government claims it can regulate as well as tax everything in sight as it grows and grows. Agree or disagree with him-you need to read his latest book, think, and begin to arm yourself as you enter this important debate." -RUSH LIMBAUGH "At a time when we are, in Benjamin Franklin's words, sacrificing essential liberty to purchase a little temporary safety, here comes the judge with what should be mandatory reading for the executive branch cronies who are busy stealing power while they think we're not watching. Thank goodness the judge is watching and speaking truth to power. More than a book, this is an emergency call to philosophical arms, one we must heed before it's too late." -ALAN COLMES
The Intelligible Constitution
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Author : Joseph Goldstein
language : en
Publisher: Oxford University Press, USA
Release Date : 1992
The Intelligible Constitution written by Joseph Goldstein and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
In Webster v. Reproductive Health Services, a critical abortion rights case, a bitterly divided Supreme Court produced no less than six different opinions. Writing for the plurality, Chief Justice Rehnquist attacked the trimester framework established in Roe v. Wade because it was "not found in the text of the Constitution or in any place else one would expect to find a constitutional principle." This approach, writes legal authority Joseph Goldstein, confuses constitutional principles (in this case, the right to privacy) with the means to protect them (here, the trimester system). As a result, the Court left the public bewildered about the constitutional scope of a woman's right to reproductive choice--failing in its duty to speak clearly to the American public about the Constitution. In The Intelligible Constitution, Goldstein makes a compelling argument that, in a democracy based upon informed consent, the Supreme Court has an obligation to communicate clearly and candidly to We the People when it interprets the Constitution. After a fascinating discussion of the language of the Constitution and Supreme Court opinions (including the analysis of Webster), he presents a series of opinion studies in important cases, focusing not on ideology but on the Justices' clarity of thought and expression. Using the two Brown v. Board of Education cases, Cooper v. Aaron, Regents of the University of California v. Bakke, and others as his examples, Goldstein demonstrates the pitfalls to which the Court has succumbed in the past: Writing deliberately ambiguous decisions to win the votes of colleagues, challenging each others' opinions in private but not in public, and not speaking honestly when the writer knows a concurring Justice misunderstands the opinion which he or she is supporting. Even some landmark decisions, he writes, have featured seriously flawed opinions--preventing We the People from understanding why the Justices reasoned as they did, and why they disagreed with each other. He goes on to suggest five "canons of comprehensibility" for Supreme Court opinions, to ensure that the Justices explain themselves clearly, honestly, and unambiguously, so that all the various opinions in each case would constitute a comprehensible message about their accord and discord in interpreting the Constitution. Both a fascinating look at how the Court shapes its opinions and a clarion call to action, this book provides an important addition to our understanding of how to maintain the Constitution as a living document, by and for the People, in its third century.
The Dynamic Constitution
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Author : Richard H. Fallon (Jr.)
language : en
Publisher:
Release Date : 2004
The Dynamic Constitution written by Richard H. Fallon (Jr.) 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 law categories.
Harvard law professor Richard H. Fallon introduces non-lawyers to the workings of American constitutional law. He writes with clarity about leading constitutional doctrines and issues, including the freedom of speech, the freedom of religion, the guarantee of equal protection, rights to fair procedures, and rights to privacy and sexual autonomy.
The United Kingdom Constitution
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Author : N. W. Barber
language : en
Publisher: Oxford University Press
Release Date : 2021-09-30
The United Kingdom Constitution 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 2021-09-30 with Law categories.
This volume provides an introduction to the United Kingdom's constitution that recognises and embraces its historical, social, political, and legal dimensions. It critically examines the radical changes to the UK constitution that have occurred over the last thirty years, paying particular attention to the revival of the constituent territories of the UK - Wales, Scotland, Northern Ireland, and England - and to the increasing role played by the judges in constitutional disputes. The UK constitution is presented as being shaped by a set of constitutional principles, including state sovereignty, separation of powers, democracy, subsidiarity, and the rule of law, principles which set the overall structure of the constitution and inform statutes and the decisions of judges. Adopting a principled approach to the UK constitution allows us to see both the clarity of the constitution's structure and also helps explain its complexities.
Proconstitutional Interpretation Of Criminal Law
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Author : Krzysztof Szczucki
language : en
Publisher: Lexington Books
Release Date : 2016-12-01
Proconstitutional Interpretation Of Criminal Law written by Krzysztof Szczucki and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail themselves of professional tools of interpretation of legal texts, but also to practitioners and academics, arguing over the correct construction of a regulation. It may be that criminal law – all its convoluted structure, overloaded with dogmatic principles – will never be understandable for average citizens. Nonetheless, it seems to be worthwhile to seek a platform for understanding, and a model for reacting to a dynamically changing social reality with its core and less fluid values. The method of finding moral clarity in criminal law is the proconstitutional interpretation. The perception of a constitution, an observation which concerns mainly democratic states, as a source of information about values of fundamental and integrating importance to a policy, led to a method of reconciling criminal law with those values within the constitution. Approaching a constitution as a source of information about values, as a matrix within which there exists a catalog of the most important values, without the need to reach beyond the system of positive law, makes this supposition acceptable also for those practitioners and academics who prefer a systemically imminent approach. The proposed scheme allows authorities responsible for forming and enforcing the law to take into account those values that play a significant role in social life. At the same time, it continues to embrace principles of legal reasoning, a safeguard against going into considerations reaching beyond the legal system. Not only may the method espoused in the book become applicable and, at least to some extent, adopted in Poland, but in other constitutional democracies as well.