The Hollow Core Of Constitutional Theory
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The Hollow Core Of Constitutional Theory
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Author : Donald L. Drakeman
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08
The Hollow Core Of Constitutional Theory written by Donald L. Drakeman 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 2021-04-08 with History categories.
The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.
Responsible Government And The Australian Constitution
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Author : Benjamin B Saunders
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-15
Responsible Government And The Australian Constitution written by Benjamin B Saunders and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.
This book looks at responsible government under the Australian Constitution. It undertakes a detailed examination of the history leading to the incorporation of responsible government into the Constitution, examining the political history and constitutional ideas which informed the framers' views. It draws on this history to develop a theory of responsible government and explore its implications for the interpretation of the Constitution and the structure of modern government in Australia. The book fills a major gap in our knowledge of the intellectual background of the Australian Constitution by explaining the constitutional ideas that have shaped the text and structure of the Australian Constitution. It contributes to worldwide debates about constitutional interpretation by showing how rigorous use of history can lead to novel interpretations of constitutions without being tied to the 'dead hands of the founders'.
Against Constitutional Originalism
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Author : Jonathan Gienapp
language : en
Publisher: Yale University Press
Release Date : 2024-09-03
Against Constitutional Originalism written by Jonathan Gienapp and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-03 with Law categories.
A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution's meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.
Religious Liberty And The American Founding
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Author : Vincent Phillip Muñoz
language : en
Publisher: University of Chicago Press
Release Date : 2024-05-31
Religious Liberty And The American Founding written by Vincent Phillip Muñoz 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 2024-05-31 with Political Science categories.
An insightful rethinking of the meaning of the First Amendment's protection of religious freedom. The Founders understood religious liberty to be an inalienable natural right. Vincent Phillip Muñoz explains what this means for church-state constitutional law, uncovering what we can and cannot determine about the original meanings of the First Amendment's Religion Clauses and constructing a natural rights jurisprudence of religious liberty. Drawing on early state constitutions, declarations of religious freedom, Founding-era debates, and the First Amendment's drafting record, Muñoz demonstrates that adherence to the Founders' political philosophy would lead neither to consistently conservative nor consistently liberal results. Rather, adopting the Founders' understanding would lead to a minimalist church-state jurisprudence that, in most cases, would return authority from the judiciary to the American people. Thorough and convincing, Religious Liberty and the American Founding is key reading for those seeking to understand the Founders' political philosophy of religious freedom and the First Amendment Religion Clauses.
Essentials Of Us Politics And Government
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Author : Andrew Colclough
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-04-25
Essentials Of Us Politics And Government written by Andrew Colclough and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-25 with Political Science categories.
Essentials of US Politics and Government is the latest book in the Essentials of series for A-Level Politics, which maps on to the Edexcel specification. It covers all the knowledge required to tackle paper 3 of the A level; United States politics, as well as Comparative US-UK politics. Author Andrew Colclough is head of politics at an independent school in Oxford and a Team Leader examiner at Edexcel, so brings a wealth of experience in supporting both students and teachers. All of the core chapters in the book are organized around the series' signature 'Key Debates' feature, which explain the vital arguments, with supporting evidence, clearly and concisely. These aid students in constructing persuasive arguments in their essays. Summary tables at the end of each debate ideal both to gain a quick overview of the topic and as a tool for revision. The book also offers: - An abundance of contemporary political examples and case studies - A unique chapter on Comparative US and UK Politics - 'Knowledge Checks' at regular intervals so students can check their understanding and factual recall - A dedicated 'Exam Focus' chapter, which gives advice on developing the skills for exam success, as well as annotated sample essays - An extensive companion website with further sample essays, templates for essay planning, bonus case study material and more.
Liberal Education And Citizenship In A Free Society
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Author : Justin Buckley Dyer
language : en
Publisher: University of Missouri Press
Release Date : 2023-07-24
Liberal Education And Citizenship In A Free Society written by Justin Buckley Dyer and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Political Science categories.
The liberal arts university has been in decline since well before the virtualization of campus life, increasingly inviting public skepticism about its viability as an institution of personal, civic, and professional growth. New technologies that might have brought people together have instead frustrated the university’s capacity to foster thoughtful citizenship among tomorrow’s leaders and exacerbated socioeconomic inequalities that are poisoning America’s civic culture. With Liberal Education and Citizenship in a Free Society, a collection of 19 original essays, editors Justin Dyer and Constantine Vassiliou present the work of a diverse group of scholars to assess the value of a liberal arts education in the face of market, technological, cultural, and political forces shaping higher learning today.
The Constitution S Gift
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Author : John Erik Fossum
language : en
Publisher: Bloomsbury Publishing PLC
Release Date : 2011-01-16
The Constitution S Gift written by John Erik Fossum and has been published by Bloomsbury Publishing PLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-16 with Political Science categories.
This authoritative study considers all aspects of the European Union's distinctive constitution since its inception. A unique political animal, the EU has given rise to important constitutional conundrums and paradoxes that John Erik Fossum and Agustín José Menéndez explore in detail. The authors consider the process of forging the EU's constitution and the set of fundamental norms that define the institutional structure, the decision-making procedures, and the foundations of the Union's democratic legitimacy. Their analysis illuminates the distinctive features of the EU's pluralist constitutional construct but also the interesting parallels to the Canadian constitutional experience and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform. The authors' original theory of constitutional synthesis captures the distinctive traits of the European Union as a polity. It explains why and how the European Communities were established as the first constitutional union of constitutional states wherein integration would be steered by law, not power politics or imperialism. Similarly, it presents the European Union as one of the few examples of a polity that has transcended the paradigm of the nation-state (and perhaps even that of the state). Locating the substance and process of Lisbon in its proper constitutional context, Fossum and Menéndez explain why this should be seen as a new beginning of the Union's constitutional season, not its end. Offering the first history of European constitutional law that is both theoretically informed and normatively grounded, their book will be essential reading for all readers interested in the process and theory of European integration.
Rule Of Law Vs Majoritarian Democracy
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Author : Giuliano Amato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Rule Of Law Vs Majoritarian Democracy written by Giuliano Amato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.
University Of Chicago Law Review Symposium Revelation Mechanisms And The Law
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Author : University of Chicago Law Review
language : en
Publisher: Quid Pro Books
Release Date : 2014-03-23
University Of Chicago Law Review Symposium Revelation Mechanisms And The Law written by University of Chicago Law Review and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-23 with Law categories.
The first issue of 2014 features articles and essays from internationally recognized legal and economics scholars, including an extensive Symposium on "Revelation Mechanisms and the Law." Topics include voting options and strategies to reveal preferences, corporate governance, regulatory intensity, tort calculations of risk, mandatory disclosure of choices, partitioning interests in land, and shopping for expert witnesses. In addition, Issue 1 includes an article, "Libertarian Paternalism, Path Dependence, and Temporary Law," by Tom Ginsburg, Jonathan S. Masur & Richard H. McAdams. Applications include smoking bans and seat belt laws. Also included is a student Comment, "Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments," by Channing J. Turner; and a Book Review, "Common Good and Common Ground: The Inevitability of Fundamental Disagreement," by Rebecca L. Brown, reviewing Ordered Liberty: Rights, Responsibilities, and Virtues. The issue serves, in effect, as a new and extensive book on cutting-edge issues of revelation mechanisms, strategies, prompts, nudges, and effects. The Symposium's contents are: * "Governing Communities by Auction," by Abraham Bell & Gideon Parchomovsky * "Partition and Revelation," by Yun-chien Chang & Lee Anne Fennell * "Savage Tables and Tort Law: An Alternative to the Precaution Model," by Janet M. Currie & W. Bentley MacLeod * "Revelation and Suppression of Private Information in Settlement-Bargaining Models," by Andrew F. Daughety & Jennifer F. Reinganum * "The Use and Limits of Self-Valuation Systems," by Richard A. Epstein * "Expert Mining and Required Disclosure," by Jonah B. Gelbach * "Renegotiation Design by Contract," by Richard Holden & Anup Malani * "Audits as Signals," by Maciej H. Kotowski, David A. Weisbach & Richard J. Zeckhauser * "Irreconcilable Differences: Judicial Resolution of Business Deadlock," by Claudia M. Landeo & Kathryn E. Spier * "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," by Saul Levmore * "Quadratic Voting as Efficient Corporate Governance," by Eric A. Posner & E. Glen Weyl * "The Efficiency of Bargaining under Divided Entitlements," by Ilya Segal & Michael D. Whinston Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.
The Oxford Handbook Of The U S Constitution
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Author : Mark V. Tushnet
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Oxford Handbook Of The U S Constitution written by Mark V. Tushnet 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 2015 with Law categories.
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.