Constitutionalism And The Rule Of Law In America
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Constitutional Morality And The Rise Of Quasi Law
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Author : Bruce P. Frohnen
language : en
Publisher: Harvard University Press
Release Date : 2016-06-13
Constitutional Morality And The Rise Of Quasi Law written by Bruce P. Frohnen 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 2016-06-13 with Law categories.
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
The Roots Of Liberty
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Author : Ellis Sandoz
language : en
Publisher:
Release Date : 1993
The Roots Of Liberty written by Ellis Sandoz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
In this contribution to the ongoing debate over the origins of constitutionalism and free government, Sandoz brings together a selection of scholars to present a reevaluation of the place of Magna Carta and Ancient Constitution in the tradition of Anglo-American liberty and rule of law.
Freedom And The Rule Of Law
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Author : Anthony Arthur Peacock
language : en
Publisher: Rowman & Littlefield
Release Date : 2010
Freedom And The Rule Of Law written by Anthony Arthur Peacock and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
"Freedom and the Rule of Law takes a comprehensive look at the historical beginnings of law in the United States as well as recent developments affecting the relationship between freedom and the rule of law. Although the relationship between freedom and the rule of law has been a perennial one since America's Founding, as the contributions compiled by Anthony A. Peacock in this book make clear, it is also a theme of particular importance today." --Book Jacket.
The United States Supreme Court S Assault On The Constitution Democracy And The Rule Of Law
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Author : Adam Lamparello
language : en
Publisher: Routledge
Release Date : 2016-12-01
The United States Supreme Court S Assault On The Constitution Democracy And The Rule Of Law written by Adam Lamparello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
The Rule Of Law In The United States
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Author : Paul Gowder
language : en
Publisher:
Release Date : 2021
The Rule Of Law In The United States written by Paul Gowder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with African Americans categories.
What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals
The Rule Of Recognition And The U S Constitution
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Author : Matthew Adler
language : en
Publisher: Oxford University Press
Release Date : 2009-07-20
The Rule Of Recognition And The U S Constitution written by Matthew Adler 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 2009-07-20 with Law categories.
The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
God And Man In The Law
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Author : Robert Lowry Clinton
language : en
Publisher:
Release Date : 1997
God And Man In The Law written by Robert Lowry Clinton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
Rule Of Law And Fundamental Rights
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Author : Alfredo Narváez Medécigo
language : en
Publisher: Springer
Release Date : 2015-11-07
Rule Of Law And Fundamental Rights written by Alfredo Narváez Medécigo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-07 with Law categories.
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Law Without Future
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Author : Jack Jackson
language : en
Publisher: University of Pennsylvania Press
Release Date : 2019-07-26
Law Without Future written by Jack Jackson and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-26 with Political Science categories.
As the 2000 decision by the Supreme Court to effectively deliver the presidency to George W. Bush recedes in time, its real meaning comes into focus. If the initial critique of the Court was that it had altered the rules of democracy after the fact, the perspective of distance permits us to see that the rules were, in some sense, not altered at all. Here was a "landmark" decision that, according to its own logic, was applicable only once and that therefore neither relied on past precedent nor lay the foundation for future interpretations. This logic, according to scholar Jack Jackson, not only marks a stark break from the traditional terrain of U.S. constitutional law but exemplifies an era of triumphant radicalism and illiberalism on the American Right. In Law Without Future, Jackson demonstrates how this philosophy has manifested itself across political life in the twenty-first century and locates its origins in overlooked currents of post-WWII political thought. These developments have undermined the very idea of constitutional government, and the resulting crisis, Jackson argues, has led to the decline of traditional conservatism on the Right and to the embrace on the Left of a studiously legal, apolitical understanding of constitutionalism (with ironically reactionary implications). Jackson examines Bush v. Gore, the post-9/11 "torture memos," the 2005 Terri Schiavo controversy, the Republican Senate's norm-obliterating refusal to vote on President Obama's Supreme Court nominee Merrick Garland, and the ascendancy of Donald Trump in developing his claims. Engaging with a wide array of canonical and contemporary political thinkers—including St. Augustine, Alexis de Tocqueville, Karl Marx, Martin Luther King Jr., Hannah Arendt, Wendy Brown, Ronald Dworkin, and Hanna Pitkin—Law Without Future offers a provocative, sobering analysis of how these events have altered U.S. political life in the twenty-first century in profound ways—and seeks to think beyond the impasse they have created.
The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The People Themselves written by Larry Kramer 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 2004 with History categories.
Examines the distinct difference between how the people and the founding fathers viewed the new Constitution and how it is interpreted over two hundred years later and maintains that originally the people were the ones responsible for seeing that its concepts were properly implemented.