Understanding Unconstitutionality How A Country Lost Its Way
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Understanding Unconstitutionality How A Country Lost Its Way
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Author : Arthur Peltomaa
language : en
Publisher: Teja Press
Release Date : 2018-10-26
Understanding Unconstitutionality How A Country Lost Its Way written by Arthur Peltomaa and has been published by Teja Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with categories.
Canadian courts routinely purport to confer temporary validity on laws which have already been adjudged unconstitutional. They do so pragmatically under guise of a self-invented power to deem the law to be what it is not. This has resulted, among other things, in the prosecution and conviction of persons under unconstitutional statutory provisions and the exaction by governments of illegal taxes.No legally coherent explanation has ever been provided for the existence of these remarkable powers. Inevitably, reliance is placed on the Supreme Court of Canada's much-celebrated - though widely misunderstood - decision in the 1985 Manitoba Language Rights case, where the court deemed an entire body of unconstitutional and invalid legislation to be temporarily valid and enforceable.Courts in other common law jurisdictions have sometimes flirted with the Canadian approach, but generally they have refused to recognize invalid law as valid. They have remained faithful to the rule of law.Canadian jurisprudence on the process and effects of constitutional invalidation is a veritable quagmire of incoherence, ambiguity, and contradiction. It is well past time to establish a principle-based order and structure in this embarrassingly muddled area of the law.
The Unconstitutionality Of Slavery
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Author : Lysander SPOONER
language : en
Publisher:
Release Date : 1853
The Unconstitutionality Of Slavery written by Lysander SPOONER and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1853 with categories.
The Unconstitutionality Of The Laws Of Congress Prohibiting Private Mails
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Author : Lysander Spooner
language : en
Publisher:
Release Date : 1844
The Unconstitutionality Of The Laws Of Congress Prohibiting Private Mails written by Lysander Spooner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1844 with Postal service categories.
Unconstitutional Changes Of Government In Africa
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Author : J. Shola Omotola
language : en
Publisher: Nordic Africa Institute
Release Date : 2011
Unconstitutional Changes Of Government In Africa written by J. Shola Omotola and has been published by Nordic Africa Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Political Science categories.
This Discussion Paper is based on a conceptual and analytical reading of cases of unconstitutional change of government in Africa. It provides a deep and up-to-date exploration of the prospects for democratic consolidation on the continent against the backdrop of an upsurge in unconstitutional changes of government. Rather than focus only on the internal threats to democracy in Africa, the author also analyses the role of neighbouring states, regional organisations and hegemonic forces within the international community in advancing or limiting democracy. In this regard, this work sheds light on why the pursuit of the liberal democratic project in Africa has so far appeared to alienate ordinary people, while providing space for dominant elites to tamper with democratic institutions and processes, which then work against popular participation and democratic development. This paper is essential reading for scholars, policy practitioners, analysts and all those with an interest in the prospects for democracy in Africa.
Unconstitutional Regimes And The Validity Of Sovereign Debt
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Author : Sabine Michalowski
language : en
Publisher: Routledge
Release Date : 2016-02-17
Unconstitutional Regimes And The Validity Of Sovereign Debt written by Sabine Michalowski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
Sabine Michalowski's work provides a much-needed legal perspective on the topical subject of Developing World debt repayment. The volume incorporates a single debtor country, Argentina, as an example to address global questions relating to this problem. The work assesses the range of complex issues involved in the context of international as well as national law. It further examines the political pressure creditors may apply to make vulnerable countries adapt their economic and other policies in line with their wishes. These raise obvious constitutional issues for the debtor country and pose questions of whether and how the inequality of bargaining power in such situations could influence the validity of any measures taken, whether contractual or legislative. Argentina has been chosen as a case study because as a large debtor country, it represents these sorts of issues.
The African Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2016-11-29
The African Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-29 with Law categories.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
The African Court Of Justice And Human And Peoples Rights In Context
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Author : Charles C. Jalloh
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-16
The African Court Of Justice And Human And Peoples Rights In Context written by Charles C. Jalloh 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 2019-05-16 with History categories.
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.
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.
Taking The Constitution Away From The Courts
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2000-07-24
Taking The Constitution Away From The Courts written by Mark Tushnet 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 2000-07-24 with Law categories.
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
How To Read The Constitution And Why
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Author : Kim Wehle
language : en
Publisher: HarperCollins
Release Date : 2019-06-25
How To Read The Constitution And Why written by Kim Wehle and has been published by HarperCollins this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-25 with Political Science categories.
"A must-read for this era.”—Jake Tapper, CNN Anchor and Chief Washington Correspondent An insightful, urgent, and perennially relevant handbook that lays out in common sense language how the United States Constitution works, and how its protections are eroding before our eyes—essential reading for anyone who wants to understand and parse the constantly breaking news about the backbone of American government. The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution--and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever. How to Read the Constitution--and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.