Constitutional Order
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The New Constitutional Order
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-02-09
The New Constitutional Order written by Mark Tushnet 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 2009-02-09 with Law categories.
In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Peace Discontent And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2021-05-24
Peace Discontent And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-24 with Law categories.
This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
A Confucian Constitutional Order
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Author : Jiang Qing
language : en
Publisher: Princeton University Press
Release Date : 2012-10-28
A Confucian Constitutional Order written by Jiang Qing 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 2012-10-28 with Political Science categories.
What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.
Constitutional Reason Of State
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Author : Carl Joachim Friedrich
language : en
Publisher: Brown Publishing Company
Release Date : 1957
Constitutional Reason Of State written by Carl Joachim Friedrich and has been published by Brown Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1957 with Law categories.
Constituent Power And Constitutional Order
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Author : M. Spång
language : en
Publisher: Springer
Release Date : 2014-06-25
Constituent Power And Constitutional Order written by M. Spång and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-25 with History categories.
Constituent power of the people is a core concept of modern politics but what does this concept actually mean? This book addresses this question, sketching how constituent power of the people has been conceived since the early modern revolutions.
Hong Kong S New Constitutional Order
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Author : Yash Ghai
language : en
Publisher: Hong Kong University Press
Release Date : 1997-05-01
Hong Kong S New Constitutional Order written by Yash Ghai and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05-01 with Law categories.
This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.
A Patriot S Call To Action
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Author : Jim Delaney
language : en
Publisher: Xlibris Corporation
Release Date : 2013-06-29
A Patriot S Call To Action written by Jim Delaney and has been published by Xlibris Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with Political Science categories.
A Patriot’s Call to Action will enable busy Americans to more easily square today’s unending political palaver and double-talk with our Constitution’s original intent. In bite-sized form, this eminently readable book clearly summarizes some key constitutional concepts, like the Supremacy Clause, the Welfare Clause, Nullification, Executive Orders, Impeachment, Secession, etc., which will enable the reader to distinguish between politically correct, agenda-driven interpretations of the Constitution and what our Founders actually intended. Given the complacency gripping the country and the political ruling class’s brazen circumvention of foundational Constitutional restraints, the author fearlessly and unambiguously reminds us of our God-given rights, authority and responsibilities as citizens of a republic, and outlines a commonsense action plan for restoring constitutional order. The author posits that too many Americans are conditioned to the “benefits” of collectivism and the seductive, yet empty, promises of a suffocatingly expansive central government. Uninformed and seduced by the razzle-dazzle of self-serving political elites, many Americans have carelessly permitted our government to lead us on the path toward economic ruin and political oppression—developments which would have dumbfounded and enraged our Founding Fathers. The author unflinchingly asserts that to believe we are a republic today is foolhardy at best, delusional at worst. Absent bold grassroots remedies, the author asserts that our wealth, our way of life, our liberties will surely go the way of the dinosaurs. If you’re looking for simple-minded validation of your political party affiliation, this book isn’t for you. Some of what the author says will rankle, but it will make you think and, hopefully, will encourage you to take action to restore and safeguard those principles and practices which made America history’s most productive experiment in self-government.
The American Constitutional Order
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Author : Douglas W. Kmiec
language : en
Publisher:
Release Date : 2004
The American Constitutional Order written by Douglas W. Kmiec 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 history categories.
The American Constitutional Order
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Author :
language : en
Publisher:
Release Date : 2004
The American Constitutional Order written by 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 history categories.
A Constitutional Order Of States
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Author : Anthony Arnull
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-03-03
A Constitutional Order Of States written by Anthony Arnull and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-03 with Law categories.
This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.