Implementing The Constitution
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Implementing The Constitution
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Author : Richard H. FALLON
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
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 2009-06-30 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.
The Implementation Of Modern African Constitutions Challenges And Prospects
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Author : Charles M. Fombad
language : en
Publisher: PULP
Release Date : 2016-12-30
The Implementation Of Modern African Constitutions Challenges And Prospects written by Charles M. Fombad and has been published by PULP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-30 with Constitutional history categories.
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.
Education For Popular Sovereignty Through Implementing The Constitution And The Bill Of Rights
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Author : Harold Norris
language : en
Publisher:
Release Date : 1991
Education For Popular Sovereignty Through Implementing The Constitution And The Bill Of Rights written by Harold Norris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Civil rights categories.
A Practical Guide To Constitution Building
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Author : Winluck Wahiu
language : en
Publisher:
Release Date : 2011
A Practical Guide To Constitution Building written by Winluck Wahiu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Constitutional law categories.
"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Constitution Makers On Constitution Making
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2022-11-17
Constitution Makers On Constitution Making 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 2022-11-17 with Law categories.
Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.
Assessment Of The Implentation Of The System Of Devolved Government
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Author : Kenya. Commission for the Implementation of the Constitution
language : en
Publisher:
Release Date : 2014
Assessment Of The Implentation Of The System Of Devolved Government written by Kenya. Commission for the Implementation of the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Finance, Public categories.
How To Solve Problems Using The Constitution
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Author : John Wright
language : en
Publisher: Xlibris Corporation
Release Date : 2015-11-20
How To Solve Problems Using The Constitution written by John Wright and has been published by Xlibris Corporation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-20 with Social Science categories.
How to solve problems using the Constitution. Is a book promotes US citizens to run for public office while explaining to the readers how to solve the major problems that are facing the US population. The book goes through almost every issue that is facing the United States from Global Warming to the Student Debt Crises. Issues like the 2nd amendment, gay marriage, bailouts and the collapse of the economy. How to solve problems using the constitution takes the reader through different issues, while explaining history of the United States where there might have been similar problems then. How did Washington solve the debt crisis from the revolutionary war? We have a debt crisis today. How can we use history to solve our problems today? What does it mean to be an American vs a British Subject? How did the United States become the power house that it is today? Why is it so hard to live in the United States? What is constitutional and what is not constitutional? This book is designed to educate the reader on running for office and solving our problems like the constitution was designed for. Solving our problems diplomatically, using our laws to raise the stand of living for the common man. Only you can run for office and work within our government to change things for the good. Our politicians are invested in themselves. Our politicians are going to do what they are told by the people who finance their campaigns. That is why you need to run for political office and that is why I wrote this book. Hopefully I might have enough money to run for office one day. I hope that this book motivates you, the reader to be self-confident embracing your democratic republican responsibilities and run for office. I hope that I create an army of responsible democratic republican civilians that take their government back from the Special interests, lobbyists and the foreign governments that are controlling the United States of America today.
Assessing Progress In The Implementation Of Zimbabwe S New Constitution
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Author : Alexander D. Berndt
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2017
Assessing Progress In The Implementation Of Zimbabwe S New Constitution written by Alexander D. Berndt and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Conference papers categories.
This publication is a timely and careful response to some of the opportunities and challenges that Zimbabwe is currently facing. The contributions are an outflow from the conference held in March 2015 in Harare, entitled "Assessing Progress in the Implementation of Zimbabwe's New Constitution: National, Regional and Global Perspectives". Also by drawing from comparative perspectives, the contributors, who include policy-makers, members of the judiciary, and constitutional law experts, both Zimbabwean and international, reflect among others on the challenge of constitutional alignment, the role of the civil and security services in a constitutional democracy and the role of institutions such as independent commissions and related institutions in entrenching a democratic culture and the rule of law. This publication aims to foster an open intellectual and legal dialogue on Zimbabwe's new Constitution and what it means in daily practice for the people of Zimbabwe.
Constitutions And Political Theory
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Author : Jan-Erik Lane
language : en
Publisher: Manchester University Press
Release Date : 1996
Constitutions And Political Theory written by Jan-Erik Lane and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Comparative government categories.
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.