Taking The Constitution Seriously
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Taking The Constitution Seriously
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Author : Walter Berns
language : en
Publisher:
Release Date : 1991
Taking The Constitution Seriously written by Walter Berns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Constitutional history categories.
The seven formidable essays that make up this new analysis explore the Constitution and its central place in the development of the first nation to be built on the foundation of the rights of man. Of particular interest is Berns's view of minorities under the Constitution. Overall, the book will be well received by serious students of the American political experience, but others might find it difficult going.
Taking The Constitution Seriously
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Author : Gary L. McDowell
language : en
Publisher:
Release Date : 1981
Taking The Constitution Seriously written by Gary L. McDowell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Law categories.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25
Taking Rights Seriously written by Ronald Dworkin 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 2018-06-25 with Philosophy categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Taking The Constitution Away From The Courts
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Author : Mark V. Tushnet
language : en
Publisher:
Release Date : 1999
Taking The Constitution Away From The Courts written by Mark V. Tushnet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Annotation Mark Tushnet challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States". His clarion call for a new kind of constitutional law is essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
What Does The Constitution Actually Say
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Author : Ben Sheehan
language : en
Publisher: Hachette UK
Release Date : 2020-04-14
What Does The Constitution Actually Say written by Ben Sheehan and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-14 with Political Science categories.
Do you know what the Constitution ACTUALLY says? This witty and highly relevant annotation of our founding document is the go-to guide to how our government really works (or is supposed to work). Written by political savant and entertainment veteran, Ben Sheehan, and vetted for accuracy by experts in the field of constitutional law, OMG WTF Does the Constitution Actually Say? is an entertaining and accessible guide that explains what the Constitution actually lays out. With clear notes and graphics on everything from presidential powers to Supreme Court nominations to hidden loopholes, Sheehan walks us through the entire Constitution from its preamble to its final amendment (with a bonus section on the Declaration of Independence). Besides putting the Constitution in modern-day English so that it can be understood, OMG WTF Does the Constitution Actually Say? gives readers all of the info they need to be effective voters and citizens in the November elections and beyond.
The Constitution Of Law
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Author : David Dyzenhaus
language : en
Publisher: Cambridge University Press
Release Date : 2006-10-05
The Constitution Of Law written by David Dyzenhaus 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 2006-10-05 with Law categories.
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
Eternity Clauses In Democratic Constitutionalism
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Author : Silvia Suteu
language : en
Publisher: Oxford University Press
Release Date : 2021-05-20
Eternity Clauses In Democratic Constitutionalism written by Silvia Suteu 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 2021-05-20 with Law categories.
This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: A&C Black
Release Date : 2013-10-21
Taking Rights Seriously written by Ronald Dworkin and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-21 with Philosophy categories.
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
The New Criminal Justice Thinking
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Author : Sharon Dolovich
language : en
Publisher: NYU Press
Release Date : 2017-03-28
The New Criminal Justice Thinking written by Sharon Dolovich and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-28 with Law categories.
A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.
Taking Ethno Cultural Diversity Seriously In Constitutional Design
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Author : Solomon A. Dersso
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-08
Taking Ethno Cultural Diversity Seriously In Constitutional Design written by Solomon A. Dersso and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-08 with Law categories.
Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.