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.
This was not always the case, as Sunstein demonstrates; nor was it the intention of the country's founders. Instead, the Constitution often served as a catalyst for public deliberation about its general terms and aspirations - and Sunstein makes a strong case for reviving this broader understanding of the Constitution's role.
Designing Democracy
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Author : Cass R. Sunstein
language : en
Publisher:
Release Date : 2001
Designing Democracy written by Cass R. Sunstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
A fresh examination of constitutionalism is presented by one of the nation's most respected legal scholars.
Constitutional Interpretation
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Author : Sotirios A. Barber
language : en
Publisher: Oxford University Press
Release Date : 2007-06-27
Constitutional Interpretation written by Sotirios A. Barber 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 2007-06-27 with Law categories.
Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.
Securing Constitutional Democracy
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Author : James E. Fleming
language : en
Publisher: University of Chicago Press
Release Date : 2006-10-02
Securing Constitutional Democracy written by James E. Fleming 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 2006-10-02 with Law categories.
Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.
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.
Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court's rulings on these hot issues are awaited and as intently as they're studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book. 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 on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress's efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship--and the public expression of contempt for anyone--while leaving a degree of flexibility to the political process. One Case at a Time also lays out, and celebrates, the remarkable constellation of rights--involving both liberty and equality--that now commands a consensus in American law. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.
The Clash Of Orthodoxies
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Author : Robert P. George
language : en
Publisher: Simon and Schuster
Release Date : 2023-06-20
The Clash Of Orthodoxies written by Robert P. George and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-20 with Political Science categories.
In The Clash of Orthodoxies: Law, Religion, and Morality in Crisis, Robert George tackles the issues at the heart of the contemporary conflict of worldviews. Secular liberals typically suppose that their positions on morally charged issues of public policy are the fruit of pure reason, while those of their morally conservative opponents reflect an irrational religious faith. George shows that this supposition is wrong on both counts. Challenging liberalism's claim to represent the triumph of reason, George argues that on controversial issues like abortion, euthanasia, same-sex unions, civil rights and liberties, and the place of religion in public life, traditional Judeo-Christian beliefs are rationally superior to secular liberal alternatives. The Clash of Orthodoxies is a profoundly important contribution to our contemporary national conversation about the proper role of religion in politics. The lucid and persuasive prose of Robert George, one of America's most prominent public intellectuals, will shock liberals out of an unwarranted complacency and provide powerful ammunition for embattled defenders of traditional morality.
The Constitutional Corporation
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Author : Stephen Bottomley
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2007
The Constitutional Corporation written by Stephen Bottomley and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
Corporate laws are based on the idea that the interests of shareholders should be the primary concern of company directors. However, some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job, or that the pursuit of shareholders' interests detracts from the concerns of employees or victims of corporate wrongdoing or other stakeholders. Stephen Bottomley argues that instead of consigning shareholders to this passive role, they should be given opportunities to be active members of corporations. Corporations are constitutional arrangements rather than mere contractual agreements. They are decision-making organizations in which questions of process and structure are important. Thus, instead of using economic criteria such as efficiency as the sole measure for deciding what constitutes 'good' corporate governance, this book examines whether ideas of accountability, deliberation and contestability provide a valuable framework for assessing corporate structures and process and for encouraging greater shareholder participation.
Our Elusive Constitution
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Author : Daniel N. Hoffman
language : en
Publisher: SUNY Press
Release Date : 1997-08-14
Our Elusive Constitution written by Daniel N. Hoffman and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-08-14 with Political Science categories.
This volume explores the relationship between religion and politics. It brings a varied sample of richly detailed comparative and case studies together with a set of analytical paradigms in an integrated framework. It is a major statement on a timely subject, and a plea for the acknowledgment of normative pluralism as firmly rooted in the history of religion. The editor shows that the fact of political diversity in the history of world religions compels the acceptance of pluralism as a normative principle.
Constitutional Fragments
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Author : Gunther Teubner
language : en
Publisher: Oxford University Press
Release Date : 2012-03
Constitutional Fragments written by Gunther Teubner 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 2012-03 with Business & Economics categories.
The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
Interpreting Constitutions
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Author : Charles J. G. Sampford
language : en
Publisher: Federation Press
Release Date : 1996
Interpreting Constitutions written by Charles J. G. Sampford and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Constitutions can be viewed as the road map of liberal democracies. And like any road map, they need to be constantly reconsidered and redrawn as the territory develops and changes. The contributors undertake this re-interpretation on a number of levels. They examine first the theoretical approaches to constitutional interpretation and then move on to implied rights. There then follows a consideration of the role of the judiciary and parliament in constitutional interpretation, drawing upon a number of examples from around the world.