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Constitutional Practice


Constitutional Practice
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Justice In Plainclothes


Justice In Plainclothes
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Author : Lawrence G. Sager
language : en
Publisher: Yale University Press
Release Date : 2008-10-01

Justice In Plainclothes written by Lawrence G. Sager and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-01 with Law categories.


In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.



Public Service Ethics And Constitutional Practice


Public Service Ethics And Constitutional Practice
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Author : John Anthony Rohr
language : en
Publisher:
Release Date : 1998

Public Service Ethics And Constitutional Practice written by John Anthony Rohr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.


For civil servants who take an oath to uphold the Constitution, that document is the supreme symbol of political morality. Constitutional issues are addressed by civil servants every day, whenever a policeman arrests a suspect or members of different branches of government meet. But how well do these individuals really understand the Constitution's application in their jobs? This book encourages civil servants to reflect on specific constitutional principles and events and learn to apply them to the decisions they make. Twenty seminal articles by a preeminent scholar seek to legitimate public service by grounding its ethics in constitutional practice. John Rohr stresses that ethical practice demands an immersion in the specifics of our constitutional tradition, and he offers a guide to attaining a greater sense of those constitutional principles that can be translated into action. Along the way he considers such timely issues as financial disclosure, the treatment of civil servants as second-class citizens, and instances of civil servants caught between executive and legislative forces. Rohr's opening essays demonstrate that responsible use of administrative discretion is the key issue for career civil servants. Subsequent sections examine approaches to training civil servants using constitutional principles; character formation resulting from study of the constitutional tradition; and the ethical choices that are sometimes posed by separation of powers. A final group of chapters shows how a study of other countries' constitutional traditions can deepen an understanding of our own, while a closing essay looks at past issues and future prospects in administrative ethics from the perspective of Rohr's long involvement in the field. Throughout this insightful collection, Rohr seeks to remind public servants of the nobility of their calling, reinforce their role in articulating public interests against the excesses of private concerns, and encourage managers to make greater use of constitutional language to describe their everyday activities. Although his work focuses on the federal career civil servant, it also offers valuable lessons applicable to state and local civil servants, elected officials, judges, military personnel, and those employed in the nonprofit sector.



Constitutional Interpretation In Singapore


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.



From Parchment To Practice


From Parchment To Practice
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-30

From Parchment To Practice written by Tom Ginsburg 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 2020-04-30 with Law categories.


Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.



Dimensions Of Dignity


Dimensions Of Dignity
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Author : Jacob Weinrib
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-15

Dimensions Of Dignity written by Jacob Weinrib 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 2016-09-15 with Law categories.


In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together.



The Dynamic Constitution


The Dynamic Constitution
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Author : Richard H. Fallon (Jr.)
language : en
Publisher:
Release Date : 2013

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 2013 with Constitutional law categories.


"In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr., provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics"--



Responding To Imperfection


Responding To Imperfection
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Author : Sanford Levinson
language : en
Publisher: Princeton University Press
Release Date : 1995-01-24

Responding To Imperfection written by Sanford Levinson 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 1995-01-24 with Law categories.


An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.



Modern Constitutional Law


Modern Constitutional Law
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Author : Lawrence Friedman
language : en
Publisher: Aspen Publishing
Release Date : 2019-02-01

Modern Constitutional Law written by Lawrence Friedman and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-01 with Law categories.


Unlike other casebooks that typically seek to tackle the entirety of Constitutional Law and are organized from the perspective of the constitutional scholar—a top-down approach that encompasses (and even emphasizes) theoretical and philosophical perspectives and debates—Modern Constitutional Law: Cases, Problems and Practice focuses on key areas of constitutional law and is organized from the ground-up. Rather than assuming students will one day be making constitutional arguments before the U.S. Supreme Court (or teaching Constitutional Law), this book assumes students will more likely be making constitutional arguments before a state or federal trial court. And so it focuses on those areas of Constitutional Law that are likely to be relevant to the practice areas in which most law students will work after law school—small or solo firms that count individuals and small businesses as their clientele, or the offices of state agencies, district attorneys, or public defenders. New to the Second Edition: Updated with key First Amendment cases through the 2017–2018 Supreme Court term, including Expressions Hair Design v. Schneiderman and Masterpiece Cakeshop v. Colorado Civil Rights Commission Includes commentary on controversial cases from the 2017–2018 Supreme Court term, including Trump v. Hawaii Existing cases have been further edited to preserve the scope of the book while reducing its size Additional supplemental cases are added to the online Professor Resources to allow professors to add coverage of most areas of constitutional law Professors and students will benefit from: Narrower scope than other casebooks, the book is more manageable for 3- and 4- credit courses A focus on doctrine rather than theory Emphasis on modern and contemporary cases rather than historical ones (although landmark cases, such as McCulloch v. Maryland, The Prize Cases, and Lochner v. New York, to name a few, are also included) Coverage that focuses on the issues most relevant to the types of practice students will enter upon graduation, such as due process, equal protection, and First Amendment Inclusion of cases from the lower federal and state courts, courts in which most students are most likely to one day find themselves litigating constitutional issues Inclusion of a generous number of case excerpts to help students develop their ability to read legal texts closely and extract useful information, rather than, like many casebooks, relying on numerous Notes to cover the jurisprudence in a particular area Each chapter includes one or more Problems to provide students opportunities to apply the doctrines learned Each chapter includes one or more “Practice Perspectives” that present the facts, background, and resolution of actual constitutional law cases, challenging students to explain the results based on what they have learned in the chapter



Constitutional Practice


Constitutional Practice
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Author : Rodney Brazier
language : en
Publisher: Oxford University Press on Demand
Release Date : 1999

Constitutional Practice written by Rodney Brazier and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with History categories.


This new third edition has been fully revised and updated to include the constitutional changes that are being implemented by the labour government. The book provides a comprehensive analysis of the current British Constitution and evaluates the law and practice of British central government,this includes: an overview of the constitution of the United Kingdom in the light of devolution; choosing a Prime Minister and government; the transfer of power; the Prime Minister and the cabinet; Ministers and government departments; the Opposition; the Monarchy, and the constitutional position ofthe judges.



Implementing The Constitution


Implementing The Constitution
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Author : Richard H. FALLON
language : en
Publisher: Harvard University Press
Release Date : 2001

Implementing The Constitution written by Richard H. FALLON 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 2001 with Law categories.


This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, Implementing the Constitution takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. Implementing the Constitution bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.