Constitution Construction
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Author | : Keith E. Whittington |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 0674045157 |
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Author | : Bentley Boyd |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Caricatures and cartoons |
ISBN | : 9780972961622 |
Author | : John Taylor |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 358 |
Release | : 1998 |
Genre | : Banking law |
ISBN | : 1886363439 |
Author | : James Fowkes |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2016-12-15 |
Genre | : Law |
ISBN | : 1316867412 |
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
Author | : J.G. Sutherland |
Publisher | : Рипол Классик |
Total Pages | : 871 |
Release | : 1972 |
Genre | : History |
ISBN | : 5876844616 |
Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.
Author | : Joanne Wallis |
Publisher | : Cambridge University Press |
Total Pages | : 421 |
Release | : 2014-09-15 |
Genre | : Law |
ISBN | : 1316157083 |
How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.
Author | : Fábio Portela Lopes de Almeida |
Publisher | : Nomos Verlag |
Total Pages | : 490 |
Release | : 2020-09-30 |
Genre | : Social Science |
ISBN | : 3748905548 |
Der Band diskutiert die Rolle und Wichtigkeit von Verfassungen in modernen Gesellschaften. Aus interdisziplinärer Perspektive wird aufgezeigt, wie sich Verfassungen trotz großer Vielfalt innerhalb der Gesellschaft entwickeln konnten und wie sie dabei helfen, ein gemeinsames Moralsystem zu schaffen. Der Mensch ist die einzige Spezies, die in großen Gemeinschaften leben kann, obwohl ihre Mitglieder genetisch unabhängige Individuen sind. Diese Vielfalt macht die Rolle von Verfassungen besonders komplex. Die Arbeit beleuchtet, wie der Konstitutionalismus zur Etablierung eines einheitlichen Moralsystems beiträgt.
Author | : Christopher Wolfe |
Publisher | : Rowman & Littlefield |
Total Pages | : 246 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780847682348 |
Prominent constitutional scholar Christopher Wolfe challenges popular opinions by presenting an insightful and well-supported defense of originalist interpretations of the Constitution. He describes the traditional approach to constitutional interpretation and judicial review and then focuses his analysis on the due process clause, which has become the source of most modern constitutional law. Wolfe challenges the most influential defenders of judicial activism, including Laurence Tribe, Michael Dorf, Harry Wellington, and Mark Tushnet, and he persuasively explains the dire political consequences of taking the Constitution out of constitutional law.
Author | : Grégoire C. N. Webber |
Publisher | : Cambridge University Press |
Total Pages | : 241 |
Release | : 2009-11-26 |
Genre | : Law |
ISBN | : 0521111234 |
Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.
Author | : Bobby Hilliard |
Publisher | : |
Total Pages | : 248 |
Release | : 2016-04-12 |
Genre | : |
ISBN | : 9780692666081 |
This book teaches what most other books on this subject fail to teach. A strict construction understanding of the Constitution is eye-opening. It is not common knowledge, but should be. Most of what has been taught and promoted in the past is contrary to the founders' intentions. This approach uses only original source documents in order to get the most authoritative meanings in the Constitution as the founders intended.