Constitutional Values
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Constitutional Topography
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2010
Constitutional Topography written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
Basic Constitutional Values
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Author :
language : en
Publisher:
Release Date : 1994
Basic Constitutional Values written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Constitutional history categories.
Contributed articles with reference to India.
An Inquiry Into The Existence Of Global Values
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Author : Dennis Davis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
An Inquiry Into The Existence Of Global Values written by Dennis Davis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Public Personnel Administration And Constitutional Values
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Author : Yong Lee
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 1992-08-30
Public Personnel Administration And Constitutional Values written by Yong Lee and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-08-30 with Business & Economics categories.
Several Supreme Court battles during the Warren-Burger era finally brought public sector employees under constitutional protection, setting forth a new legal framework for personnel management. This new framework requires administrators to manage personnel foremost in compliance with the established constitutional principles without necessarily sacrificing efficiency. Public Personnel Administration and Constitutional Values is a sketch of this new framework in which constitutionalism and judicial accountability become defining characteristics. In the text the author provides, for the first time, a comprehensive review of case law principles in non-technical terms that are central to today's personnel management and decision-making: First Amendment freedoms, procedural due process, equal protection of the laws with respect to anti-discrimination, affirmative action, and compensation, and governmental and official liability. The author concludes that although excessive legalism may undoubtedly cause administrative timidity, a constitutionally competent administrator should be able to overcome this timidity; more important, a democratic administration grounded in constitutional values promises the best of all possible alternatives. This book is an invaluable addition to education and training for the students of public administration, as well as public administration practitioners at all levels in the United States. It also provides an important insight for the scholars of public administration in other parts of the world.
Shaping Constitutional Values
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Author : Neal Devins
language : en
Publisher:
Release Date : 1996
Shaping Constitutional Values written by Neal Devins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
In the more than twenty years since Roe v. Wade, the executive and legislative branches of government have pursued a staggering number of initiatives relating to abortion. In this groundbreaking study, legal scholar Neal Devins shows how the Supreme Court, elected government, and private citizens together help to shape what the Constitution means. Central to his study is the question of how the Court and elected government influence each other. In addition to the abortion debate, Devins examines conflicts over federalism, race, religion, and separation of powers. These constitutional disputes, Devins contends, can be as constructive as they are inevitable. Without an ongoing dynamic that allows each side to win some of the time, Devins concludes, the Constitution would be less enduring.
Constitutional Values
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Author : Daniel E. Hall
language : en
Publisher: Prentice Hall
Release Date : 2009
Constitutional Values written by Daniel E. Hall and has been published by Prentice Hall this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Civil rights categories.
Constitutional Values: Governmental Power and Individual Freedoms in American Politicsis a single volume that examines both constitutional law and civil liberties using narrative, well-edited cases, and real-world interpretations. It introduces readers to the underlying political structure of the American judiciary, explores the constitutional foundations for governmental authority, and reviews the legal protections for individual rights and liberties in the American political system. Chapter questions are included to provoke readers' analytical and critical thinking skills, and over 100 cases help readers understand how constitutional doctrines are applied. Presents a sound discussion of governmental structure and authority in the first part of the book. Follows with a clear presentation of civil liberties and civil rights in the second part of the book. Contains over 100 edited cases which are referenced in Part Two of the book. Includes important U.S. Supreme Court opinions regarding governmental authority and individual freedoms. Covers standard Supreme Court cases and also incorporates contemporary constitutional controversies. Discusses unique local cases which demonstrate the local implications of constitutional politics. Includes cases from Maryland, New York, Connecticut, California, Ohio, Minnesota, Iowa, Rhode Island, Alabama, Virginia and more! Provides true insights into the day-to-day realities of constitutional law. Encourages readers to apply constitutional doctrines to local controversies.Anyone interested in or involved with constitutional law and civil liberties.
Australian Constitutional Values
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Author : Rosalind Dixon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08
Australian Constitutional Values written by Rosalind Dixon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.
Public Values In Constitutional Law
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Author : Stephen E. Gottlieb
language : en
Publisher: University of Michigan Press
Release Date : 1993
Public Values In Constitutional Law written by Stephen E. Gottlieb and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Constitutional law categories.
Critical examination of the concept of compelling government interests
Constitutional Values And European Contract Law
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Author : Stefan Grundmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-06-27
Constitutional Values And European Contract Law written by Stefan Grundmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-27 with Law categories.
Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all-encompassing basis.
The Constitutional Value Of Sunset Clauses
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Author : Antonios Emmanouil Kouroutakis
language : en
Publisher: Routledge
Release Date : 2016-10-04
The Constitutional Value Of Sunset Clauses written by Antonios Emmanouil Kouroutakis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.