The Constitution And Contemporary Constitutional Theory
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The Constitution And Contemporary Constitutional Theory
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Author : Gary L. McDowell
language : en
Publisher:
Release Date : 1985
The Constitution And Contemporary Constitutional Theory 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 1985 with Constitutional law categories.
Contemporary Perspectives On Constitutional Interpretation
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Author : Susan J Brison
language : en
Publisher: Routledge
Release Date : 2018-03-08
Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-08 with Political Science categories.
Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Modern Constitutional Theory
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Author : John H. Garvey
language : en
Publisher: West Publishing Company
Release Date : 1999
Modern Constitutional Theory written by John H. Garvey and has been published by West Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Words That Bind
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Author : John Arthur
language : en
Publisher: Routledge
Release Date : 2018-02-12
Words That Bind written by John Arthur and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-12 with Political Science categories.
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
Expounding The Constitution
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Author : Grant Huscroft
language : en
Publisher:
Release Date : 2008
Expounding The Constitution written by Grant Huscroft and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Constitutional law categories.
This book addresses key issues in contemporary constitutional theory, including the nature of interpretation of bills of rights and the legitimacy and justification of judicial review.
Constitutional Theory
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Author : Michael J. Gerhardt
language : en
Publisher:
Release Date : 2013
Constitutional Theory written by Michael J. Gerhardt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Constitutional law categories.
This text covers the central debates in contemporary American constitutional theory and demonstrates the connection between theory and judicial practice, politics, and academic scholarship. This foundation prepares students to analyze the events in which constitutional theory is likely to play a significant role, such as Supreme Court confirmations proceedings, separation of powers conflicts, and constitutional interpretation and political disputes regarding civil rights and civil liberties. Among the changes in the Fourth edition: All chapters have been updated to reflect the current state of constitutional theory; Completely new chapters on: constitutional change; conservatives and constitutional theory; progressives and constitutional theory; and the US Constitution and global constitutionalism; New editor Lawrence Solum produces a state of the art chapter on originalism.; Throughout, selections present opposing views to make students aware of existing conflicts and to facilitate discussion. A Teacher's Manual is available to professors.
Constitutional Originalism
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Author : Robert W. Bennett
language : en
Publisher: Cornell University Press
Release Date : 2011-06-06
Constitutional Originalism written by Robert W. Bennett 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 2011-06-06 with Law categories.
Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.
Legitimacy And History
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Author : Paul W. Kahn
language : en
Publisher:
Release Date : 1992
Legitimacy And History written by Paul W. Kahn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with POLITICAL SCIENCE categories.
Contemporary Perspectives On Constitutional Interpretation
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Author : Susan J Brison
language : en
Publisher: Westview Press
Release Date : 1993-10-08
Contemporary Perspectives On Constitutional Interpretation written by Susan J Brison and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-10-08 with Philosophy categories.
This anthology presents some of the most exciting and influential contemporary work in the area of constitutional interpretation. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretative approaches, reflecting different political orientations from the far right to the far left. Lightning Print On Demand Title
The Challenge Of Originalism
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-12
The Challenge Of Originalism written by Grant Huscroft 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 2011-09-12 with Law categories.
Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.