Higher Laws Origins Of Modern Constitutional Law
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The Higher Laws
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Author : Chester James Antieau
language : en
Publisher:
Release Date : 1994
The Higher Laws written by Chester James Antieau 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.
Higher Laws
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Author : Chester James Antieau
language : en
Publisher:
Release Date : 1994
Higher Laws written by Chester James Antieau 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.
The Higher Law Background Of American Constitutional Law
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Author : Edward Samuel Corwin
language : en
Publisher:
Release Date : 1961
The Higher Law Background Of American Constitutional Law written by Edward Samuel Corwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Law categories.
Having written extensively on various aspects of the American constitutional order, Edward S Corwin is considered a leading constitutional scholar of the twentieth century. Alpheus Mason described Corwin's writings as 'sources of learning and understanding - hallmarks to emulate and revere'. "The Higher Law Background of American Constitutional Law" is of unique value in connecting the Western European experience - from the classical world, the Middle Ages, and the seventeenth-century thought of Coke and Locke - to the American founding. This renowned work provides a bold and accurate outline of the tradition behind the 'higher law' of the United States and places in historical context the political philosophy underlying the US Declaration of Independence and Constitution. This volume addresses questions such as: where did the idea of a 'higher law' originate? how has it been able to survive and in what transformations? what special forms of it are of particular interest for historians and political theorists? and; how was it brought to America and wrought into the American system of government? As Clinton Rossiter notes in his prefatory note, 'No one can come away from reading ("Higher Law") without realizing how much we in America are part of Western civilization. The men we meet in the pages of this essay - Demosthenes, Sophocles, Aristotle, Cicero, Seneca, Ulpian, Gaius, John of Salisbury, Isidore of Seville, St. Thomas Aquinas, Bracton, Fortescue, Coke, Grotius, Newton, Hooker, Pufendorf, Locke, Blackstone - all insisted that the laws by which men live can and should be the 'embodiment of essential and unchanging justice', and we may salute them respectfully as founding fathers of our experiment in ordered liberty'. In this volume Corwin demonstrates how the concept of a higher law developed and was understood by the leading thinkers of the American Revolutionary period as well as how the ideal of the higher law impacted the creation of the American Constitution. Students, scholars, and general interested readers of constitutional law and political theory will find inspiration in the pages of "The Higher Law Background of American Constitutional Law".
The Origin And Scope Of The American Doctrine Of Constitutional Law Classic Reprint
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Author : James Bradley Thayer
language : en
Publisher: Forgotten Books
Release Date : 2018-02-03
The Origin And Scope Of The American Doctrine Of Constitutional Law Classic Reprint written by James Bradley Thayer and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-03 with Law categories.
Excerpt from The Origin and Scope of the American Doctrine of Constitutional Law The Revolution came, and what happened then? Simply this we cut the cord that tied us to Great Britain, and there was no longer an external sovereign. Our conception now was that the people took his place that is to say, our own home population in the several States were now their own sovereign. So far as exist ing institutions were left untouched, they were construed by trans lating the name and style of the English sovereign into that of our new ruler, ourselves, the People. After this the charters, and still more obviously the new constitutions, were not so many orders from without, backed by an organized outside government, which simply performed an ordinary function in enforcing them; they were precepts from the people themselves who were to be gov erned, addressed to each of their own number, and especially to those who were charged with the duty of conducting the govern ment. No higher power existed to support these orders by com pulsion of the ordinary sort. The sovereign himself, having written these expressions of his will, had retired into the clouds; in any regular course of events he had no organ to enforce his will, except those to whom his orders were addressed in these documents. How then should his written constitution be enforced if these agencies did not obey him, if they failed, or worked amiss? About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Antebellum Origins Of The Modern Constitution
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Author : Simon J. Gilhooley
language : en
Publisher: Cambridge University Press
Release Date : 2022-04-14
The Antebellum Origins Of The Modern Constitution written by Simon J. Gilhooley 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 2022-04-14 with Political Science categories.
This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.
The Oxford International Encyclopedia Of Legal History
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Author : Stanley Nider Katz
language : en
Publisher:
Release Date : 2009
The Oxford International Encyclopedia Of Legal History written by Stanley Nider Katz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Historical jurisprudence categories.
The Oxford International Encyclopedia of Legal History is a comprehensive, international, interdisciplinary reference work that includes approximately 1,000 articles on all aspects of legal history throughout the world from ancient to modern times. Articles deal with private law, public law, and constitutional/higher law throughout the world and are written and signed by one of the many noteworthy contributors, which include major scholars and experts. For years, scholars have been investigating the remote origins of their respective national and religious law. Only recently has there been a developing interest in and study of the history of law in modern times. This encyclopedia will bring together the study of ancient law with the study of modern law-examining statutes and administrative rulings as well as judicial decisions, legislatures, agencies, and courts. The Encyclopedia will cover ancient, medieval, early modern, and modern law in eight legal traditions and geographical/cultural areas: Ancient Greek Law, Ancient Roman Law, Chinese Law, English Common Law, Islamic Law, Medieval Roman Law, United States Law, and law in other regions (Africa, Latin America, and South Asia among them). It will address major categories of law within these traditions, including private law (contract, tort, civil procedure), varieties of public law (criminal law, administrative law, statutory law), and higher law/ constitutional law. It will be the first encyclopedia of law to provide historical and contemporary comparisons of world legal systems. - Publisher.
Constitutional Foundings In Southeast Asia
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Author : Kevin YL Tan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-30
Constitutional Foundings In Southeast Asia written by Kevin YL Tan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-30 with Law categories.
This volume focuses on the making, nature, and role of the first modern constitutions at the founding of the modern nation-states in Southeast Asia. These historical essays add richly to our understanding and appreciation of the founding moments and to the theory and practice of constitutionalism in these states. This volume makes three significant contributions. First, it helps plug the wide knowledge gap in comparative constitutional history in Southeast Asia. Second, it furthers our understanding of contemporary constitutional practice and also anticipates possible developmental trajectories in light of the foundational values embedded in and manifested through these constitutions. Third, through the comparative historical study of these early constitutions, plausible theoretical insights may be gained to further our understanding of Southeast Asia's constitutional history. The book is essential reading for those wishing to obtain a deeper understanding of the constitutional foundings of Southeast Asia.
Singapore 50 Constitutional Moments That Defined A Nation
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Author : Kevin YL Tan
language : en
Publisher: Marshall Cavendish International Asia Pte Ltd
Release Date : 2015-08-15
Singapore 50 Constitutional Moments That Defined A Nation written by Kevin YL Tan and has been published by Marshall Cavendish International Asia Pte Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-15 with Law categories.
Singapore inherited a Westminster-style constitution from the British who ruled the island for 140 years. Since Singapore’s independence in 1965, this constitution has been amended and augmented many times wherein unique institutions – such as the Elected Presidency and Group Representation Constitutions – were created. All these changes occurred against the backdrop of Singapore’s special geographical local, multi-ethnic population and vulnerability to externalities. This book features a collection of short essays describing and explaining 50 Constitutional Moments – major inflexion points in the trajectory of Singapore’s constitutional development. The authors have selected each of these ‘moments’ on the basis of their impact in the forging of the modern constitutional order. Starting in 1965, the book begins chronologically, from the ‘moment’ of Singapore’s expulsion from the Federation of Malaysia through the establishment of the Wee Chong Jin Constitutional Commission (1966) to the entrenchment of the sovereignty clause in the Constitution (1972) right through to the 2000s, with the Presidential Elections of 2011. In these easy-to-read essays, the reader is introduced to what the authors consider to be the most important episodes that have shaped the Singapore Constitution. These articles cover key events like President Ong Teng Cheong’s 1999 Press Conference and the 2001 Tudung controversy; constitutional amendments like the Maintenance of Religious Harmony Act (1990) and the introduction of Nominated Members of Parliament (1990); and seminal cases like Chng Suan Tze v Minister for Home Affairs (1989) and Yong Vui Kong v PP (2010 & 2015)) that have contributed to the sculpting of Singapore’s constitutional landscape.
The Cambridge Companion To Comparative Constitutional Law
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Author : Roger Masterman
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-03
The Cambridge Companion To Comparative Constitutional Law written by Roger Masterman 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 2019-10-03 with Law categories.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
Bills Of Rights And Decolonization
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Author : Charles Parkinson
language : en
Publisher: Oxford University Press
Release Date : 2007-11-22
Bills Of Rights And Decolonization written by Charles Parkinson 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 2007-11-22 with History categories.
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.