The Collapse Of Constitutional Remedies
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The Collapse Of Constitutional Remedies
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Author : Aziz Z. Huq
language : en
Publisher: Oxford University Press
Release Date : 2021
The Collapse Of Constitutional Remedies written by Aziz Z. Huq 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 with Law categories.
In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.
The Collapse Of Constitutional Remedies
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Author : Aziz Z. Huq
language : en
Publisher:
Release Date : 2021
The Collapse Of Constitutional Remedies written by Aziz Z. Huq and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional torts categories.
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
How To Save A Constitutional Democracy
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Author : Tom Ginsburg
language : en
Publisher: University of Chicago Press
Release Date : 2018-10-05
How To Save A Constitutional Democracy written by Tom Ginsburg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-05 with Law categories.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Agreeing To Disagree
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Author : Nathan S. Chapman
language : en
Publisher: Oxford University Press
Release Date : 2023-06-02
Agreeing To Disagree written by Nathan S. Chapman 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 2023-06-02 with Law categories.
In one of the most thorough accounts of the Establishment Clause of the First Amendment, Nathan S. Chapman and Michael W. McConnell provide an insightful overview of the legal history and meaning of the clause, as well as its value for promoting equal religious freedom and diversity in contemporary America. The Establishment Clause of the First Amendment, "Congress shall make no law respecting an establishment of religion", may be the most contentious and misunderstood provision of the entire U.S. Constitution. It lies at the heart of America's culture wars. But what, exactly, is an "establishment of religion"? And what is a law "respecting" it? Many commentators reduce the clause to "the separation of church and state." This implies that church and state are at odds, that the public sphere must be secular, and that the Establishment Clause is in tension with the Free Exercise of Religion Clause. All of these implications misconstrue the Establishment Clause's original purpose and enduring value for a religiously pluralistic society. The clause facilitates religious diversity and guarantees equality of religious freedom by prohibiting the government from coercing or inducing citizens to change their religious beliefs and practices. In Agreeing to Disagree, Nathan S. Chapman and Michael W. McConnell detail the theological, political, and philosophical underpinnings of the Establishment Clause, state disestablishment, and the disestablishment norms applied to the states by the Fourteenth Amendment. Americans in the early Republic were intimately acquainted with the laws used in England, the colonies, and early states to enforce religious uniformity. The Establishment Clause was understood to prohibit the government from incentivizing such uniformity. Chapman and McConnell show how the U.S. Supreme Court has largely implemented these purposes in cases addressing prayer in school, state funding of religious schools, religious symbols on public property, and limits on religious accommodations. In one of the most thorough accounts of the Establishment Clause, Chapman and McConnell argue that the clause is best understood as a constitutional commitment for Americans to agree to disagree about matters of faith.
The Routledge Handbook Of Autocratization
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Author : Aurel Croissant
language : en
Publisher: Taylor & Francis
Release Date : 2024-05-14
The Routledge Handbook Of Autocratization written by Aurel Croissant and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-14 with Political Science categories.
The Routledge Handbook of Autocratization comprehensively and systematically explores the current understanding, and unchartered research paths, of autocratization. With wide-reaching regional coverage and expert analysis from Asia, North and South America, Europa, the Middle East, and North Africa, this handbook reveals cross-country, and cross-regional, analysis and insights and presents in-depth explanations and consequences of autocratization. Arranged in five thematic parts, chapters explore the basic aspects of conceptualization, theorization, and measurement of autocratization; the role of various political and non-political actors as perpetrators, supporters, bystanders, or defenders of democracy against autocratization processes; and the consequences across various policy fields. Showcasing cutting-edge research developments, the handbook illustrates the deeply complex nature of the field, examining important topics in need of renewed consideration at a time of growing concerns for democracy and the global spread of authoritarian challenges to democracy. The Routledge Handbook of Autocratization will be a key reference for those interested in, and studying authoritarianism, democratization, human rights, governance, democracy and more broadly comparative politics, and regional/area studies. Chapter 2 and Chapter 11 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 International license (chapter 2) and Creative Commons Attribution (CC-BY) 4.0 International license (Chapter 11).
Routledge Handbook Of Illiberalism
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Author : András Sajó
language : en
Publisher: Routledge
Release Date : 2021-11-29
Routledge Handbook Of Illiberalism written by András Sajó and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-29 with Political Science categories.
The Routledge Handbook of IIliberalism is the first authoritative reference work dedicated to illiberalism as a complex social, political, cultural, legal, and mental phenomenon. Although illiberalism is most often discussed in political and constitutional terms, its study cannot be limited to such narrow frames. This Handbook comprises sixty individual chapters authored by an internationally recognized group of experts who present perspectives and viewpoints from a wide range of academic disciplines. Chapters are devoted to different facets of illiberalism, including the history of the idea and its competitors, its implications for the economy, society, government and the international order, and its contemporary iterations in representative countries and regions. The Routledge Handbook of IIliberalism will form an important component of any library's holding; it will be of benefit as an academic reference, as well as being an indispensable resource for practitioners, among them journalists, policy makers and analysts, who wish to gain an informed understanding of this complex phenomenon.
The Legitimacy Of European Constitutional Orders
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Author : Marco Dani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-06
The Legitimacy Of European Constitutional Orders written by Marco Dani 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 2023-09-06 with Law categories.
The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.
The Year Of Living Constitutionally
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Author : A.J. Jacobs
language : en
Publisher: Random House
Release Date : 2025-05-06
The Year Of Living Constitutionally written by A.J. Jacobs and has been published by Random House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-06 with Humor categories.
The New York Times bestselling author of The Year of Living Biblically chronicles his hilarious adventures in attempting to follow the original meaning of the Constitution, as he searches for answers to one of the most pressing issues of our time: How should we interpret America’s foundational document? “I don’t know how I learned so much while laughing so hard.”—Andy Borowitz A.J. Jacobs learned the hard way that donning a tricorne hat and marching around Manhattan with a 1700s musket will earn you a lot of strange looks. In the wake of several controversial rulings by the Supreme Court and the on-going debate about how the Constitution should be interpreted, Jacobs set out to understand what it means to live by the Constitution. In The Year of Living Constitutionally, A.J. Jacobs tries to get inside the minds of the Founding Fathers by living as closely as possible to the original meaning of the Constitution. He asserts his right to free speech by writing his opinions on parchment with a quill and handing them out to strangers in Times Square. He consents to quartering a soldier, as is his Third Amendment right. He turns his home into a traditional 1790s household by lighting candles instead of using electricity, boiling mutton, and—because women were not allowed to sign contracts— feebly attempting to take over his wife’s day job, which involves a lot of contract negotiations. The book blends unforgettable adventures—delivering a handwritten petition to Congress, applying for a Letter of Marque to become a legal pirate for the government, and battling redcoats as part of a Revolutionary War reenactment group—with dozens of interviews from constitutional experts from both sides. Jacobs dives deep into originalism and living constitutionalism, the two rival ways of interpreting the document. Much like he did with the Bible in The Year of Living Biblically, Jacobs provides a crash course on our Constitution as he experiences the benefits and perils of living like it’s the 1790s. He relishes, for instance, the slow thinking of the era, free from social media alerts. But also discovers the progress we’ve made since 1789 when married women couldn’t own property. Now more than ever, Americans need to understand the meaning and value of the Constitution. As politicians and Supreme Court Justices wage a high-stakes battle over how literally we should interpret the Constitution, A.J. Jacobs provides an entertaining yet illuminating look into how this storied document fits into our democracy today.
Why We Vote
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Author : Owen Fiss
language : en
Publisher: Oxford University Press
Release Date : 2024
Why We Vote written by Owen Fiss 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 2024 with Law categories.
In Why We Vote, renowned legal scholar Owen Fiss offers a bold and daring reconstruction of judicial doctrine that underscores the US Constitution's commitment to the expansion of democracy. Each chapter points to landmark Supreme Court decisions that have either enhanced the citizens' enjoyment of the right to vote or guaranteed feasible access to the ballot for independent candidates and new political parties. Fiss also shifts the focus from equal protection of the laws to the freedom that democracy generates--the right of those who are ruled to choose their rulers.
The Constitution Of The War On Drugs
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Author : David Pozen
language : en
Publisher: Oxford University Press
Release Date : 2024-04-23
The Constitution Of The War On Drugs written by David Pozen 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 2024-04-23 with Law categories.
In The Constitution of the War on Drugs, David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Pozen shows the plausibility of a constitutional path not taken in the 1960s and 1970s--a path that would have led to a less punitive approach to drug control. He explains how and why constitutional resistance to drug prohibition collapsed. And he offers a roadmap to constitutional reform options available today.