Constitutional Context
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Constitutional Context
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Author : Kathleen S. Sullivan
language : en
Publisher: Johns Hopkins University Press+ORM
Release Date : 2007-04-23
Constitutional Context written by Kathleen S. Sullivan and has been published by Johns Hopkins University Press+ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-23 with History categories.
This provocative reassessment of the 19th century American women’s movement calls into question its attack on common law traditions. While the United States was founded on principles of freedom and equality, its legal traditions are based in British common law. In the nineteenth-century, women’s rights advocates argued that this led to a contradiction: common law rules concerning property and the status of married women were at odds with the nation’s principles. Conventional wisdom suggests that this tactic was successful. But in Constitutional Context, historian Kathleen S. Sullivan offers a fresh perspective. In revisiting the era’s congressional debates, state legislation, judicial opinions, news accounts, and work of political activists, Sullivan finds that the argument for universal, abstract rights was not the only—or even the best—path available for social change. Rather than establishing a new paradigm of absolute rights, the women’s movement unwittingly undermined common law’s ability to redress grievances. This contributed to the social, cultural, and political stagnation that characterizes the movement today. A challenging and thoughtful study of what is commonly thought of as an era of progress, Constitutional Context provides the groundwork for a more comprehensive understanding and interpretation of constitutional law.
Constitutions Religion And Politics In Asia
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Author : Dian A. H. Shah
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Constitutions Religion And Politics In Asia written by Dian A. H. Shah 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 2017-10-26 with History categories.
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Constitutional Law
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Author : David S. Schwartz
language : en
Publisher:
Release Date : 2017
Constitutional Law written by David S. Schwartz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Constitutional law categories.
PLEASE NOTE: THE LOOSELEAF VERSION IS AVAILABLE, AS IS THE EBOOK. A THIRD EDITION WILL BE OUT FOR FALL 2021. To view or download the 2020 Supplement to this book, click here. Constitutional Law: A Context and Practice Casebook, Second Edition, offers comprehensive coverage without backbreaking bulk, and allows you to teach constitutional law your own way, without having to fight the book. Using its unique electronic "Expansion Pack" system of supplemental modules, you can customize your course while still following the book's structure. That structure is streamlined into five parts of two chapters each, which cover all the essential doctrines of Constitutional Law. The book can be used for any general Con Law course, whether offered in the first semester or later, and whether it covers governmental structure, individual rights, or both. Its comprehensive Teacher's Manual provides succinct but thorough answers for all discussion questions and offers useful guidance for new adopters and first-time Constitutional Law teachers. Referenced in the Teacher's Manual is the wealth of resources found in the Expansion Packs. These supplementary additions correspond to the chapter sections and have optional additional cases, review questions, etc. The Dropbox also has an introductory document; a copy of the 385-page casebook TM; a TM for each expansion pack; "short cuts," which are also keyed to chapter sections and summarize material a professor may not be able to cover in depth; a folder of recommended case studies; and a folder with primary documents such as the Articles of Confederation. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific.
European Yearbook Of Constitutional Law 2020
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Author : Ernst Hirsch Ballin
language : en
Publisher: Springer Nature
Release Date : 2021-03-27
European Yearbook Of Constitutional Law 2020 written by Ernst Hirsch Ballin and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-27 with Law categories.
The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.
The Wheel Of Law
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Author : Gary Jeffrey Jacobsohn
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
The Wheel Of Law written by Gary Jeffrey Jacobsohn and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Political Science categories.
How can religious liberty be guaranteed in societies where religion pervades everyday life? In The Wheel of Law, Gary Jacobsohn addresses this dilemma by examining the constitutional development of secularism in India within an unprecedented cross-national framework that includes Israel and the United States. He argues that a country's particular constitutional theory and practice must be understood within its social and political context. The experience of India, where religious life is in profound tension with secular democratic commitment, offers a valuable perspective not only on questions of jurisprudence and political theory arising in countries where religion permeates the fabric of society, but also on the broader task of ensuring religious liberty in constitutional polities. India's social structure is so entwined with religion, Jacobsohn emphasizes, that meaningful social reform presupposes state intervention in the spiritual domain. Hence India's "ameliorative" model of secular constitutionalism, designed to ameliorate the disabling effects of the caste system and other religiously based practices. Jacobsohn contrasts this with the "visionary" secularism of Israel, where the state identifies itself with a particular religion, and with America's "assimilative" secularism. Constitutional globalization is as much a reality as economic globalization, Jacobsohn concludes, and within this phenomenon the place of religion in liberal democracy is among the most vexing challenges confronting us today. A richly textured account of the Indian experience with secularism, developed in a broad comparative framework, this book is for all those seeking ways to respond to this challenge.
Constitutional Interpretation In Singapore
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Author : Jaclyn L Neo
language : en
Publisher: Routledge
Release Date : 2016-06-17
Constitutional Interpretation In Singapore written by Jaclyn L Neo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Constitutional Interpretation In Singapore
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Author : Jaclyn L Neo
language : en
Publisher: Routledge
Release Date : 2016-06-17
Constitutional Interpretation In Singapore written by Jaclyn L Neo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Constitutional Originalism
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Author : Robert W. Bennett
language : en
Publisher: Cornell University Press
Release Date : 2011-06-06
Constitutional Originalism written by Robert W. Bennett and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-06 with Law categories.
Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.
Constitutions And Political Theory
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Author : Jan-Erik Lane
language : en
Publisher: Manchester University Press
Release Date : 1996
Constitutions And Political Theory written by Jan-Erik Lane and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Political Science categories.
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
Constituting Federal Sovereignty
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Author : Leslie Friedman Goldstein
language : en
Publisher: JHU Press
Release Date : 2001-08-21
Constituting Federal Sovereignty written by Leslie Friedman Goldstein and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-21 with Political Science categories.
Starting from the premise that the system of independent, sovereign, territorial states, which was the subject of political science and international relations studies in the twentieth century, has entered a transition toward something new, noted political scientist Leslie F. Goldstein examines the development of the European Union by blending comparative and historical institutionalist approaches. She argues that the most useful framework for understanding the kinds of "supra-state" formations that are increasingly apparent in the beginning of the third millennium is comparative analysis of the formative epochs of federations of the past that formed voluntarily from previously independent states. In Constituting Federal Sovereignty: The European Union in Comparative Context Goldstein identifies three significant predecessors to today's European Union: the Dutch Union of the 17th century, the United States of America from the 1787 Constitution to the Civil War, and the first half-century of the modern Swiss federation, beginning in 1848. She examines the processes by which federalization took place, what made for its success, and what contributed to its problems. She explains why resistance to federal authority, although similar in kind, varied significantly in degree in the cases examined. And she explores the crucial roles played by such factors as sovereignty-honoring elements within the institutional structure of the federation, the circumstances of its formation (revolt against distant empire versus aftermath of war among member states), and notably, the internal culture of respect for the rule of law in the member states. -- Stephen M. Griffin, Tulane Law School