The Constitution As Junction Of Force And Law

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The Constitution As Junction Of Force And Law

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Author : R. A. C. E. Achara
language : en
Publisher: Authorhouse UK
Release Date : 2005

The Constitution As Junction Of Force And Law written by R. A. C. E. Achara and has been published by Authorhouse UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

Constitutional law is bedevilled by a crisis of standpoints. Many times, this has led to a lack of congruence between theory and practice. The true nature of the constitution is, for example, a central problem of Constitutional Law. In theory, the constitution is supreme 'law'. But, in practice, most publicists and courts recognize decrees during military rule as different from, yet superior to, the constitution. The student is fed these mutually antagonistic propositions, with a consequent loss of faith in the integrity of the subject matter. To make Constitutional Law more coherent, 'The Constitution as Junction of Force and Law' proposes the unifying doctrine of preponderant force. Because of the ontological nature of the problem, the book goes beyond the traditional sources of legal science. Although it examines constitutions, statutes and cases as well as books on these written by lawyers, it has also sought assistance elsewhere. The research reveals that: *The confusion of standpoints mostly results from an undue reliance upon textual analysis as well as a failure to distinguish Constitutional Law (i.e., the subject of study) from the constitution (i.e., the object studied). *Nomenclature is irrelevant. Whether it is called a 'decree, ' 'charter, ' 'constitution, ' 'basic law, ' etc., if it is the supreme law, then it is the constitution. *The constitution is of two parts: the written, partly written, or wholly unwritten, framework of government; and, the energizing force, which sustains that framework. *Normally, there are competing frameworks. A constitution is that one supported by the polity's current wielder of preponderant force. Since Constitutional law is the study of constitutions, this book concludes that, for coherence, it should always be taught and studied with a sensitive appreciation of the influence of preponderant force.

The Air Force Law Review

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Author :
language : en
Publisher:
Release Date : 1976

The Air Force Law Review written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Air Force law categories.

American And British Claims Arbitration

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Author :
language : en
Publisher:
Release Date : 1913

American And British Claims Arbitration written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1913 with Great Britain categories.

The Works Of Jeremy Bentham Constitutional Code

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Author : Jeremy Bentham
language : en
Publisher:
Release Date : 1843

The Works Of Jeremy Bentham Constitutional Code written by Jeremy Bentham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1843 with Constitutional law categories.

Supreme Court Reporter

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Author :
language : en
Publisher:
Release Date : 1884

Supreme Court Reporter written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1884 with Law reports, digests, etc categories.

The Debates And Proceedings Of The Constitutional Convention Of The State Of Michigan

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Author : Michigan. Constitutional Convention
language : en
Publisher:
Release Date : 1867

The Debates And Proceedings Of The Constitutional Convention Of The State Of Michigan written by Michigan. Constitutional Convention and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1867 with Constitutional law categories.

The Works Of Jeremy Bentham

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Author : Jeremy Bentham
language : en
Publisher:
Release Date : 1843

The Works Of Jeremy Bentham written by Jeremy Bentham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1843 with categories.

The Federal And State Constitutions Colonial Charters And Other Organic Laws Of The State Territories And Colonies Now Or Heretofore Forming The United States Of America Porto Rico Vermont

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Author : Francis Newton Thorpe
language : en
Publisher:
Release Date : 1909

The Federal And State Constitutions Colonial Charters And Other Organic Laws Of The State Territories And Colonies Now Or Heretofore Forming The United States Of America Porto Rico Vermont written by Francis Newton Thorpe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1909 with Constitutional history categories.

Reports Of Cases In Law And Equity In The Supreme Court Of The State Of New York

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Author : Oliver Lorenzo Barbour
language : en
Publisher:
Release Date : 1858

Reports Of Cases In Law And Equity In The Supreme Court Of The State Of New York written by Oliver Lorenzo Barbour and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1858 with Law reports, digests, etc categories.

Congressional Record

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Author : United States. Congress
language : en
Publisher:
Release Date : 1966

Congressional Record written by United States. Congress and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Law categories.

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)