Konstitusi Dan Konstitusionalisme Indonesia
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Konstitusi Dan Konstitusionalisme Indonesia
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Author : Prof. Dr. Jimly Asshiddiqie, S.H.
language : id
Publisher: Sinar Grafika
Release Date : 2021-12-27
Konstitusi Dan Konstitusionalisme Indonesia written by Prof. Dr. Jimly Asshiddiqie, S.H. and has been published by Sinar Grafika this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-27 with Law categories.
Konstitusi adalah hukum yang lebih tinggi atau bahkan paling tinggi dan paling fundamental sifatnya, karena konstitusi itu sendiri merupakan sumber legitimasi atau landasan otorisasi bentuk-bentuk hukum dan peraturan perundang-undangan lainnya. Sesuai dengan prinsip hukum yang universal, peraturan yang tingkatannya berada di bawah Undang-Undang Dasar dapat berlaku dan diberlakukan dan tidak boleh bertentangan dengan hukum yang lebih tinggi. Prinsip konstitusionalisme modern pada pokoknya menyangkut pembatasan kekuasaan (limited government). Konstitusionalisme mengatur dua hubungan yang saling berkaitan satu sama lainnya, yakni hubungan antara pemerintahan dengan warga negara dan hubungan antara lembaga pemerintahan yang satu dengan lembaga pemerintahan lainnya. Karya Prof. Dr. Jimly Asshiddiqie, S.H., guru besar fakultas hukum UI dan Ketua Mahkamah Konstitusi tahun 2003-2008 ini membahas sejarah awal konstitusi di Indonesia demokrasi dan nomokrasi, prinsip kekuasaan dan bagaimana penerapan ideal sebuah konstitusi. Buku ini adalah sebuah pengantar yang lebih komprehensif memahami konstitusi dan konstitusionalisme.
Constitutional Faith
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Author : Sanford Levinson
language : en
Publisher: Princeton University Press
Release Date : 2011-09-11
Constitutional Faith 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 2011-09-11 with History categories.
"The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
The Constitutional Law Of Indonesia
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Author : Jimly Asshiddiqie
language : en
Publisher:
Release Date : 2009
The Constitutional Law Of Indonesia written by Jimly Asshiddiqie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Constitutional amendments categories.
General Theory Of Law And State
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Author : Hans Kelsen
language : en
Publisher: Routledge
Release Date : 2017-07-05
General Theory Of Law And State written by Hans Kelsen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Social Science categories.
Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.
The Living Constitution
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Author : David A. Strauss
language : en
Publisher: Oxford University Press
Release Date : 2010-05-19
The Living Constitution written by David A. Strauss 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 2010-05-19 with Law categories.
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
An Introduction To Constitutional Law
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Author : E. M. Barendt
language : en
Publisher: OUP Oxford
Release Date : 1998
An Introduction To Constitutional Law written by E. M. Barendt and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
4. A Federal Europe?
European And Us Constitutionalism
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Author : Georg Nolte
language : en
Publisher: Cambridge University Press
Release Date : 2005-09-29
European And Us Constitutionalism written by Georg Nolte 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 2005-09-29 with Law categories.
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Judicial Review In New Democracies
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-23
Judicial Review In New Democracies 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 2003-07-23 with Law categories.
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Outlines Of Historical Jurisprudence
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Author : Paul Vinogradoff
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 1999
Outlines Of Historical Jurisprudence written by Paul Vinogradoff and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Customary law categories.
A complex description and analytical perspective of the growth of jurisprudence from tribal to modern law, beginning with the concept of marital union among tribes and clans and continuing to the "Jurisprudence of the Greek City" in the fourth and fifth centuries.
Constitutions And Constitutionalism
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Author : William George Andrews
language : en
Publisher: Hassell Street Press
Release Date : 2021-09-09
Constitutions And Constitutionalism written by William George Andrews and has been published by Hassell Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with Political Science categories.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
