Constitutional Domains
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Author | : Robert Post |
Publisher | : Harvard University Press |
Total Pages | : 484 |
Release | : 1995-03-19 |
Genre | : Law |
ISBN | : 9780674165458 |
In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.
Author | : Thomas McIntyre Cooley |
Publisher | : |
Total Pages | : 1172 |
Release | : 1903 |
Genre | : Constitutional law |
ISBN | : |
Author | : Robert Post |
Publisher | : Harvard University Press |
Total Pages | : 478 |
Release | : 1995 |
Genre | : Law |
ISBN | : 0674165454 |
In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.
Author | : Michel Rosenfeld |
Publisher | : Routledge |
Total Pages | : 324 |
Release | : 2009-10-16 |
Genre | : Law |
ISBN | : 1135253277 |
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Author | : William G. Andrews |
Publisher | : State University of New York Press |
Total Pages | : 324 |
Release | : 1983-06-30 |
Genre | : Political Science |
ISBN | : 0791494942 |
In Presidential Government in Gaullist France, William G. Andrews describes and explains the basic character of executive-legislative relations in Gaullist France from 1958 to 1974. He demonstrates that the Fifth Republic became presidential despite its parliamentary constitution because of changes made by DeGaulle that were compatible with the emergent character of French society. The information is provided in a conceptual framework that gives it greater coherence, explanatory value, and significance. Andrews relates differences in the nature of institutions, of societies, and of political problems to types of power relationships that exist between the legislative and executive branches of government. In order to achieve an objective appraisal of the controversial leader, Andrews fits DeGaulle's constitutional efforts into a broader understanding of the relationships among great leaders, texts, societies, and institutions. The book enhances our understanding of the operation of the Fifth Republic and of French government in general.
Author | : Enzo Cardi |
Publisher | : Routledge |
Total Pages | : 224 |
Release | : 2021-07-28 |
Genre | : Business & Economics |
ISBN | : 1000426106 |
This book takes an innovative approach to provide a mirror perspective of the legal systems of the UK and the EU in contemporary institutional scenarios. At the beginning of the second decade of the 21st century, the legal systems of the EU and the UK are facing challenges of epic proportions. Never before have the two legal orders been confronted with the simultaneous impact of a series of events. First, the effect of the “divorce” between the two regulatory systems caused by the UK’s withdrawal from the EU. The Negotiating Documents and the Draft Texts being discussed and aimed at leading to a `New Partnership’ are examined in the book. Second, the book discusses the impact of the coronavirus shock in all European economies leading to a substantial change of political perspective in the EU legal order implying innovative debt instruments. Third, it explores the consequences of the judicial activism of the German Constitutional Court undermining the strategic role of the European Central Bank and the primacy of the European Union Court of Justice. The book questions the effects deriving from the legacy, i.e. the foundations of the two legal systems, on handling the issues of our time, the impact on market regulation of the striking contemporary events and the unsettled consequences on policy of the current convulsing political and financial landscape. The book will be essential reading for those working in the areas of European public regulatory law.
Author | : Andrew Coan |
Publisher | : Harvard University Press |
Total Pages | : 281 |
Release | : 2019-04-29 |
Genre | : Law |
ISBN | : 0674239199 |
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Author | : Ran Hirschl |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2010-11-01 |
Genre | : Law |
ISBN | : 0674264452 |
At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.
Author | : Akhil Reed Amar |
Publisher | : Basic Books (AZ) |
Total Pages | : 644 |
Release | : 2012-09-11 |
Genre | : History |
ISBN | : 0465029574 |
Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Author | : Chris Thornhill |
Publisher | : Cambridge University Press |
Total Pages | : 539 |
Release | : 2016-09-15 |
Genre | : History |
ISBN | : 1107038529 |
This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.