Shaping Constitutional Values
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Shaping Constitutional Values
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Author : Neal Devins
language : en
Publisher:
Release Date : 1996
Shaping Constitutional Values written by Neal Devins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
In the more than twenty years since Roe v. Wade, the executive and legislative branches of government have pursued a staggering number of initiatives relating to abortion. In this groundbreaking study, legal scholar Neal Devins shows how the Supreme Court, elected government, and private citizens together help to shape what the Constitution means. Central to his study is the question of how the Court and elected government influence each other. In addition to the abortion debate, Devins examines conflicts over federalism, race, religion, and separation of powers. These constitutional disputes, Devins contends, can be as constructive as they are inevitable. Without an ongoing dynamic that allows each side to win some of the time, Devins concludes, the Constitution would be less enduring.
The Democratic Constitution
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Author : Neal Devins
language : en
Publisher:
Release Date : 2023
The Democratic Constitution written by Neal Devins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Constitutional law categories.
In this fascinating debunking of judicial supremacy, Devins and Fisher argue that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights. This highly readable narrative of how the Court and elected officials work in concert with the American people to shape constitutional values is an impressive affirmation of public participation in the political process.
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."--
The Supreme Court And Constitutional Democracy
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Author : John Agresto
language : en
Publisher: Cornell University Press
Release Date : 2016-10-15
The Supreme Court And Constitutional Democracy written by John Agresto and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-15 with Law categories.
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Public Values In Constitutional Law
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Author : Stephen E. Gottlieb
language : en
Publisher: University of Michigan Press
Release Date : 1993
Public Values In Constitutional Law written by Stephen E. Gottlieb and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Constitutional law categories.
Critical examination of the concept of compelling government interests
Human Dignity
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Author : Aharon Barak
language : en
Publisher: Cambridge University Press
Release Date : 2015-01-29
Human Dignity written by Aharon Barak 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 2015-01-29 with Law categories.
An analytical study of human dignity as the humanity of a person, as a constitutional value and a constitutional right.
The Democratic Constitution
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Author : Neal Devins
language : en
Publisher: Oxford University Press
Release Date : 2004-08-26
The Democratic Constitution written by Neal Devins 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 2004-08-26 with Political Science categories.
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.
On The Limits Of Constitutional Adjudication
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Author : Juliano Zaiden Benvindo
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-07-23
On The Limits Of Constitutional Adjudication written by Juliano Zaiden Benvindo and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-23 with Philosophy categories.
Juliano Z. Benvindo investigates the current movement of constitutional courts towards political activism, especially by focusing on the increasing use of the balancing method as a “rational” justification for this process. From the critical perception of the serious risks of this movement to democracy, the book takes as examples two constitutional realities, Germany and Brazil, in order to discuss the rationality, correctness, and legitimacy of constitutional decisions within this context. Through a dialogue between Jacques Derrida’s deconstruction and Jürgen Habermas’s proceduralism, the author confronts Robert Alexy’s defense of the balancing method as well as those two constitutional realities. This confrontation leads to the introduction of the concept of limited rationality applied to constitutional democracy and constitutional adjudication, which affirms the double bind of history and justice as a condition for a practice of decision-making committed to the principle of separation of powers.
Affirmative Action And The Constitution Affirmative Action Before Constitutional Law 1964 1977
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Author : Gabriel Jackson Chin
language : en
Publisher: Taylor & Francis
Release Date : 1998
Affirmative Action And The Constitution Affirmative Action Before Constitutional Law 1964 1977 written by Gabriel Jackson Chin and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.
A resource for teachers, scholars, and students, providing an extended introduction to the issue; reprints of significant cases and briefs; congressional testimony and other primary documents; and a selection of scholarly articles. The three volumes explore in turn affirmative action before constitutional law from 1964 to 1977, the apparent resolution of the issue by the US Supreme Court from 1978 to 1988, and judicial reaction from 1989 to 1997. Together they trace the major lines of intellectual and legal arguments originating outside the Supreme Court that have proved persuasive to future decision makers. The documents are reproduced from their original publication. No index. Annotation copyrighted by Book News, Inc., Portland, OR
Constitutional Idolatry And Democracy
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Author : Brian Christopher Jones
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Constitutional Idolatry And Democracy written by Brian Christopher Jones and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.