Socio Legal Approach To Constitutional Law Cases And Controversies
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A Socio Legal Approach To Constitutional Law
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Author : Jason Leggett
language : en
Publisher:
Release Date : 2022-08-16
A Socio Legal Approach To Constitutional Law written by Jason Leggett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-16 with categories.
The first edition of this textbook presented students with a variety of humanities-based readings in an effort to provide them with a culturally responsive approach to analyzing legal cases. The second edition of A Socio-Legal Approach to Constitutional Law: Cases and Controversies builds upon the previous edition and provides students with a clearer thematic approach and an even deeper commitment to culturally responsive analysis. Unit I presents constitutional law as a way of framing historical social change. The dual nature of constitutionalism is examined through competing conceptions of sovereignty. Unit II digs deeper into how the social production of difference is resisted by those experiencing injustice. In Unit III, readers are provided with the opportunity to apply the newly learned socio-legal framework to cases organized by theme, including racial injustice, gender and reproductive rights, privacy interests, political action committees and corporate influence, immigration and education rights, and climate change policy. The final unit returns to the framing of the constitution as a contradictory document that both reflects and produces social inequality. Developed to help students examine the most pressing civic challenges and controversies of today, A Socio-Legal Approach to Constitutional Law is ideal for courses in constitutional law, civic engagement, law and society, governmental institutions, and democratic theory.
Constitutional Challenges Cases And Controversies In Legal History
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Author : Prof. Chitra Sharma
language : en
Publisher: Inkbound Publishers
Release Date : 2021-11-11
Constitutional Challenges Cases And Controversies In Legal History written by Prof. Chitra Sharma and has been published by Inkbound Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-11 with Law categories.
Explore significant cases and controversies in constitutional law with this comprehensive guide. This book delves into historical and contemporary challenges, providing a thorough understanding of constitutional principles and their impact on legal history.
Constitution And Curriculum
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Author : James Anthony Whitson
language : en
Publisher: Taylor & Francis
Release Date : 1991
Constitution And Curriculum written by James Anthony Whitson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Education categories.
Discusses the ramifications of the policy of managing the influences to which students are exposed in the school environment. The author examines this in the context of freedom of speech as protected by the First Amendment and cites specific precedents as set by the Supreme Court.
Social And Economic Rights In Theory And Practice
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Author : Helena Alviar García
language : en
Publisher: Routledge
Release Date : 2014-09-19
Social And Economic Rights In Theory And Practice written by Helena Alviar García and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.
Cases And Controversies
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Author : Peter Irons
language : en
Publisher: Perseus Books Group
Release Date : 2001-02-01
Cases And Controversies written by Peter Irons and has been published by Perseus Books Group this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-02-01 with Law categories.
Peter Irons is the renowned constitutional scholar whose innovative book-and-tape set, May It Please the Court, brought the inner workings of the Supreme Court to the American public for the first time. Now, Irons has created a genuinely new approach to constitutional law in his latest effort to educate Americans about the legal system: a casebook, the first of its kind, that includes the seminal cases that make up our country's legal legacy and pairs them with material that sheds light on the political milieu in which these decisions were made. Including excerpts from over sixty landmark decisions in civil rights and civil liberties cases, Cases and Controversies also contains newspaper articles, transcripts of legislative hearings, essays from journals of political and social opinion, statements of concerned interest groups, and a wealth of other primary source material that links what's going on inside the court with what's going on outside of it. A major boon for teachers of undergraduate courses in constitutional law, political science, civil rights and liberties, and the Supreme Court, Cases and Controversies is a fascinating window onto the law for all Americans.
Legal Reasoning And Political Conflict
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press
Release Date : 1998-02-26
Legal Reasoning And Political Conflict written by Cass R. Sunstein 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 1998-02-26 with Law categories.
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Constitutional Law
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Author : Paul Abraham Freund
language : en
Publisher:
Release Date : 1977
Constitutional Law written by Paul Abraham Freund and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with categories.
Legal Reasoning And Political Conflict
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Author : Cass R. Sunstein Karl N. Llewellyn Distinguished Service Professor of Jurisprudence and Co-Director of the Center on Constitutionalism in Eastern Europe University of Chicago
language : en
Publisher: Oxford University Press, USA
Release Date : 1996-04-04
Legal Reasoning And Political Conflict written by Cass R. Sunstein Karl N. Llewellyn Distinguished Service Professor of Jurisprudence and Co-Director of the Center on Constitutionalism in Eastern Europe University of Chicago 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 1996-04-04 with Political Science categories.
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Abortion Law In Transnational Perspective
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Author : Rebecca J. Cook
language : en
Publisher: University of Pennsylvania Press
Release Date : 2014-08-13
Abortion Law In Transnational Perspective written by Rebecca J. Cook and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-13 with Political Science categories.
It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead. The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order. Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.
Comparative Matters
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Author : Ran Hirschl
language : en
Publisher:
Release Date : 2014
Comparative Matters written by Ran Hirschl and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
