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.
Constitutional Theory
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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23
Constitutional Theory written by Carl Schmitt and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-23 with Law categories.
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Modern Constitutional Theory
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Author : Thomas Alexander Aleinikoff
language : en
Publisher:
Release Date : 1960
Modern Constitutional Theory written by Thomas Alexander Aleinikoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with categories.
Modern Constitutional Theory
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Author : John H. Garvey
language : en
Publisher: West Academic Publishing
Release Date : 2004
Modern Constitutional Theory written by John H. Garvey and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Constitutional law categories.
This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for interpreting the Constitution, and then covers judicial review. Other chapters correspond with the major topics covered in constitutional law casebooks. The authors ask what and whose purposes are served by existing rules, and inquire whether some other organization is preferable. The selections take opposing positions on each subject, to make students aware of existing conflicts and to facilitate class discussion.
Constitutional Theory
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Author : Wojciech Sadurski
language : en
Publisher: Ashgate Publishing
Release Date : 2005
Constitutional Theory written by Wojciech Sadurski and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Constitutional law categories.
In this volume, key contributors consider various elements of constitutional theory, creating a work of immense interest to legal scholars and political scientists alike.
Expounding The Constitution
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Author : Grant Huscroft
language : en
Publisher: Cambridge University Press
Release Date : 2011-08-11
Expounding The Constitution 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 2011-08-11 with Law categories.
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Words That Bind
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Author : John Arthur
language : en
Publisher:
Release Date : 2018
Words That Bind written by John Arthur and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
Constitutional Idolatry And Democracy
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Author : Brian Christopher Jones
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Constitutional Idolatry And Democracy written by Brian Christopher Jones 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 2020-06-26 with Law categories.
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
Supreme Court Confirmation Hearings And Constitutional Change
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Author : Paul M. Collins
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-24
Supreme Court Confirmation Hearings And Constitutional Change written by Paul M. Collins 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 2013-06-24 with Law categories.
This book demonstrates that the hearings to confirm Supreme Court nominees are in fact a democratic forum for the discussion and ratification of constitutional change.
Daniel Webster And The Unfinished Constitution
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Author : Peter Charles Hoffer
language : en
Publisher: University Press of Kansas
Release Date : 2021-03-26
Daniel Webster And The Unfinished Constitution written by Peter Charles Hoffer and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-26 with Law categories.
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.