The Invisible Constitution
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The Invisible Constitution
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Author : Laurence H. Tribe
language : en
Publisher: Oxford University Press
Release Date : 2008-09-17
The Invisible Constitution written by Laurence H. Tribe 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 2008-09-17 with Law categories.
As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Comparative Constitutional Law
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Author : Tom Ginsburg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
Comparative Constitutional Law written by Tom Ginsburg 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 2011-01-01 with Law categories.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
The Death Of Treaty Supremacy
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Author : David Sloss
language : en
Publisher: Oxford University Press
Release Date : 2016
The Death Of Treaty Supremacy written by David Sloss 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 2016 with Law categories.
Présentation de l'éditeur : "This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights for all without distinction as to race. In 1950, a California court applied the Charters human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to self-executing treaties. Under the modern rule, state governments are allowed to violate national treaty obligationsincluding international human rights obligationsthat are embodied in non-self-executing treaties."
Slavery S Constitution
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Author : David Waldstreicher
language : en
Publisher: Macmillan + ORM
Release Date : 2010-06-15
Slavery S Constitution written by David Waldstreicher and has been published by Macmillan + ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-15 with History categories.
“A historian finds the seeds of an inevitable civil war embedded in the ‘contradictions, ambiguities, and silences’ about slavery in the Constitution.” —Kirkus Reviews Taking on decades of received wisdom, David Waldstreicher has written the first book to recognize slavery’s place at the heart of the US Constitution. Famously, the Constitution never mentions slavery. And yet, of its eighty-four clauses, six were directly concerned with slaves and the interests of their owners. Five other clauses had implications for slavery that were considered and debated by the delegates to the 1787 Constitutional Convention and the citizens of the states during ratification. Slavery was as important to the making of the Constitution as the Constitution was to the survival of slavery. By tracing slavery from before the revolution, through the Constitution’s framing, and into the public debate that followed, Waldstreicher rigorously shows that slavery was not only actively discussed behind the closed and locked doors of the Constitutional Convention, but that it was also deftly woven into the Constitution itself. For one thing, slavery was central to the American economy, and since the document set the stage for a national economy, the Constitution could not avoid having implications for slavery. Even more, since the government defined sovereignty over individuals, as well as property in them, discussion of sovereignty led directly to debate over slavery’s place in the new republic. Finding meaning in silences that have long been ignored, Slavery’s Constitution is a vital and sorely needed contribution to the conversation about the origins, impact, and meaning of our nation’s founding document.
Uncertain Justice
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Author : Laurence Tribe
language : en
Publisher: Macmillan
Release Date : 2014-06-03
Uncertain Justice written by Laurence Tribe and has been published by Macmillan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-03 with Law categories.
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
A People S Constitution
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Author : Rohit De
language : en
Publisher: Princeton University Press
Release Date : 2018-11-27
A People S Constitution written by Rohit De and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-27 with History categories.
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
The Invisible Constitution
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Author : Laurence H. Tribe
language : en
Publisher:
Release Date : 2008
The Invisible Constitution written by Laurence H. Tribe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Renowned legal scholar Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version, in the latest volume in Oxford's Inalienable Rights series.
American Constitutional Law
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Author : Laurence H. Tribe
language : en
Publisher:
Release Date : 1988
American Constitutional Law written by Laurence H. Tribe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
Approaches to Constitutional Analysis; Model I: Model of Separated and Divided Powers; Federal Judicial Power; Federal Executive Power; Federal Legislative Power; Federalism-Based Limits on State and Local Power; Direct Protection of Individuals and Groups; Model II: The Model of Implied Limitations on Government; Model III: Model of Settled Expectations; Model IV: Model of Regularity; Model V: Model of Preferred Rights; Rights of Communication and Expression; Rights of Political Participation; Rights of Religious Autonomy; Rights of Privacy and Personhood; Model VI: The Model of Equal Protection; Model VII: Toward a Model of Structural Justice?; Problem of State Action.
The Invisible Constitution In Comparative Perspective
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Author : Rosalind Dixon
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-08
The Invisible Constitution In Comparative Perspective written by Rosalind Dixon 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 2018-11-08 with Law categories.
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.