The Partial Constitution
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The Partial Constitution
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 1993
The Partial Constitution written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR
Designing Democracy
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press on Demand
Release Date : 2001-09-27
Designing Democracy written by Cass R. Sunstein and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-27 with Law categories.
A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.
Free Markets And Social Justice
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Author : Cass R. Sunstein
language : en
Publisher: Oxford University Press
Release Date : 1999-03-18
Free Markets And Social Justice written by Cass R. Sunstein 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 1999-03-18 with Political Science categories.
The newest work from one of the most preeminent voices writing in the legal/political arena today, this important book presents a new conception of the relationship between free markets and social justice. The work begins with foundations--the appropriate role of existing "preferences," the importance of social norms, the question whether human goods are commensurable, and issues of distributional equity. Continuing with rights, the work shows that markets have only a partial but instrumental role in the protection of rights. The book concludes with a discussion on regulation, developing approaches that would promote both economic and democratic goals, especially in the context of risks to life and health. Free Markets and Social Justice develops seven basic themes during its discussion: the myth of laissez-faire; preference formation and social norms; the contextual character of choice; the importance of fair distribution; the diversity of human goods; how law can shape preferences; and the puzzles of human rationality. As the latest word from an internationally-renowned writer, this work will raise a number of important questions about economic analysis of law in its conventional form.
Partial Tentative Draft Of Constitution
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Author : Pennsylvania. Commission on Constitutional Amendement and Revision
language : en
Publisher:
Release Date : 1919
Partial Tentative Draft Of Constitution written by Pennsylvania. Commission on Constitutional Amendement and Revision and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1919 with categories.
Europe S Functional Constitution
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Author : Turkuler Isiksel
language : en
Publisher: Oxford University Press
Release Date : 2016
Europe S Functional Constitution written by Turkuler Isiksel 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.
Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of "functional constitutionalism" to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.
One Case At A Time
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2001
One Case At A Time written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.
The Double Facing Constitution
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Author : Jacco Bomhoff
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-30
The Double Facing Constitution written by Jacco Bomhoff 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 2020-01-30 with Law categories.
Explores how constitutional orders engage with and are shaped by their exteriors.
The Guardian Of The Constitution
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Author : Hans Kelsen
language : en
Publisher: Cambridge University Press
Release Date : 2015-02-19
The Guardian Of The Constitution written by Hans Kelsen 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 2015-02-19 with Law categories.
The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.
Legal Scholarship Symposium
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Author :
language : en
Publisher:
Release Date : 2008
Legal Scholarship Symposium written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Civil rights categories.
Law And Leviathan
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2020-09-15
Law And Leviathan written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-15 with Law categories.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.