Responding To Imperfection
DOWNLOAD
Download Responding To Imperfection PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Responding To Imperfection book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Responding To Imperfection
DOWNLOAD
Author : Sanford Levinson
language : en
Publisher: Princeton University Press
Release Date : 1995-01-24
Responding To Imperfection 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 1995-01-24 with Law categories.
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
Fidelity To Our Imperfect Constitution
DOWNLOAD
Author : James E. Fleming
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
Fidelity To Our Imperfect Constitution written by James E. Fleming 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 2015 with Law categories.
James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits to honouring aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders.
Perfecting The Constitution
DOWNLOAD
Author : Darren Patrick Guerra
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2013-06-10
Perfecting The Constitution written by Darren Patrick Guerra and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-10 with Law categories.
He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
Comparative Constitutionalism And Good Governance In The Commonwealth
DOWNLOAD
Author : John Hatchard
language : en
Publisher: Cambridge University Press
Release Date : 2004-07-08
Comparative Constitutionalism And Good Governance In The Commonwealth written by John Hatchard 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 2004-07-08 with Law categories.
The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.
Rawls And Law
DOWNLOAD
Author : Thom Brooks
language : en
Publisher: Routledge
Release Date : 2017-07-05
Rawls And Law written by Thom Brooks 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 Law categories.
John Rawls (1921-2002) is widely held to be amongst the most important political philosophers for over a century. This volume, which is the first work of its kind to publish in one place the most influential essays in the field, features articles on a wide range of subjects including constitutionalism, democratic theory, egalitarianism, feminism, global justice, political liberalism, the rule of law, and public reason. The collection informs scholars and students coming to the study of Rawls's work for the first time of the importance and complexity of Rawl's ideas, and sheds light on how these ideas might be further improved and applied.
The Foundations And Traditions Of Constitutional Amendment
DOWNLOAD
Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-13
The Foundations And Traditions Of Constitutional Amendment written by Richard Albert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
Originalism And The Good Constitution
DOWNLOAD
Author : John O. McGinnis
language : en
Publisher: Harvard University Press
Release Date : 2013-11-01
Originalism And The Good Constitution written by John O. McGinnis 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 2013-11-01 with Law categories.
John McGinnis and Michael Rappaport argue that the text of the Constitution and its Amendments should be adhered to by the Supreme Court because it was enacted by supermajorities. A text approved by supermajorities has special value in a democracy because it has unusually wide support and tends to maximize the welfare of the greatest number.
Liberal Democracy And The Social Acceleration Of Time
DOWNLOAD
Author : William E. Scheuerman
language : en
Publisher: JHU Press
Release Date : 2020-06-09
Liberal Democracy And The Social Acceleration Of Time written by William E. Scheuerman and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Political Science categories.
"A fine contribution to the literature on the problems of modern liberal democracy."—Choice The pace of American society has quickened exponentially since the Founding Fathers first mapped the constitution. Information travels at the speed of light; so does money. We can hop from one side of the country to the other in a matter of hours, contact our elected officials instantaneously, and share our views with thousands of people at the touch of a button. Both academia and the popular media have grappled with the consequences of this acceleration on every aspect of contemporary life. Most pressing, however, may be its impact on political life. In Liberal Democracy and the Social Acceleration of Time, William Scheuerman offers a sophisticated assessment of the implications of social and technological celerity in the operation of liberal democracies. Specifically, he asks what is acceleration's main impact on the traditional liberal democratic model of the separation of powers? According to Scheuerman, high speed has created an imbalance. The executive branch was intended to react with dispatch; by contrast, legislatures and the courts were designed to be more deliberate and thoughtful. While this system of checks and balances was effective in the age of horse and buggy, Scheuerman argues that the very features that were these institutions' strengths may now be a liability. Throughout this book, Scheuerman offers a constructive critique which articulates ways in which "liberal democracy might be recalibrated in accordance with the tempo of modern society.
Debating Reform
DOWNLOAD
Author : Richard J. Ellis
language : en
Publisher: CQ Press
Release Date : 2019-12-20
Debating Reform written by Richard J. Ellis and has been published by CQ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-20 with Political Science categories.
Getting students away from spouting opinions about highly-charged partisan issues, Debating Reform, Fourth Edition looks at key questions about reforming political institutions, with contributed pieces written by top scholars specifically for the volume. Each pro or con essay considers a concrete proposal for reforming the political system. By focusing on institutions, rather than liberal or conservative public policies, students tend to leave behind ideology and grapple with claims and evidence to draw their own conclusions and build their own arguments. Students will explore how institutions work in their American government text, but this reader helps them to understand how they can be made to work better.
Political Theory On Death And Dying
DOWNLOAD
Author : Erin A. Dolgoy
language : en
Publisher: Routledge
Release Date : 2021-09-14
Political Theory On Death And Dying written by Erin A. Dolgoy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with Political Science categories.
Political Theory on Death and Dying provides a comprehensive, encyclopedic review that compiles and curates the latest scholarship, research, and debates on the political and social implications of death and dying. Adopting an easy-to-follow chronological and multi-disciplinary approach on 45 canonical figures and thinkers, leading scholars from a diverse range of fields, including political science, philosophy, and English, discuss each thinker’s ethical and philosophical accounts on mortality and death. Each chapter focuses on a single established figure in political philosophy, as well as religious and literary thinkers, covering classical to contemporary thought on death. Through this approach, the chapters are designed to stand alone, allowing the reader to study every entry in isolation and with greater depth, as well as trace how thinkers are influenced by their predecessors. A key contribution to the field, Political Theory on Death and Dying provides an excellent overview for students and researchers who study philosophy of death, the history of political thought, and political philosophy.