Constitutional Exclusion
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Author | : Daniel Moeckli |
Publisher | : Cambridge University Press |
Total Pages | : 579 |
Release | : 2016-07-14 |
Genre | : Architecture |
ISBN | : 1107154650 |
This book explores the implications of banning people from public space for the rule of law, fundamental rights, and democracy.
Author | : Gerald Leonard |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2019-01-31 |
Genre | : History |
ISBN | : 1107024161 |
Provides a compelling account of early American constitutionalism in the Founding era.
Author | : James J. Tomkovicz |
Publisher | : Oxford University Press, USA |
Total Pages | : 449 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0195369246 |
In Constitutional Exclusion, James J. Tomkovicz discusses the "exclusionary rules" which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public. The understandable antipathy toward evidentiary suppression is, to some extent, attributable to misunderstanding of the reasons why our legal system suppresses probative evidence of guilt. Professor Tomkovicz describes and discusses the natures and the purposes of the seven different constitutional exclusion mandates. The in-depth examinations and analyses of exclusionary rule histories, foundations, objectives, and doctrines found in the book dispel some of the critical misconceptions and flawed assumptions that surround the rules and that prevent appreciation of their significant roles in enforcing fundamental rights. It is essential reading for anyone interested in the delicate balance our Bill of Rights strikes between freedom and order, between liberty and security.
Author | : Ruth Halperin-Kaddari |
Publisher | : University of Pennsylvania Press |
Total Pages | : 408 |
Release | : 2004-01-12 |
Genre | : History |
ISBN | : 9780812237528 |
This is a comprehensive overview of discrimination in a state dominated by a patriarchal religious order, and brings fresh insights to the efficacy of the law in improving the status of women.
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author | : John Evan Seery |
Publisher | : Penn State Press |
Total Pages | : 202 |
Release | : 2011 |
Genre | : Political Science |
ISBN | : 0271048530 |
"Examines the history, theory, and politics behind the age qualifications for elected federal office in the United States Constitution. Argues that the right to run for office ought to be extended to all adult-age citizens who are otherwise office-eligible"--Provided by publisher.
Author | : Jody Heymann |
Publisher | : University of California Press |
Total Pages | : 416 |
Release | : 2020-01-14 |
Genre | : Political Science |
ISBN | : 0520309634 |
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
Author | : United States |
Publisher | : |
Total Pages | : 1146 |
Release | : 2013 |
Genre | : Law |
ISBN | : |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author | : Menachem Mautner |
Publisher | : Routledge |
Total Pages | : 350 |
Release | : 2018-04-09 |
Genre | : Political Science |
ISBN | : 1351182501 |
This book claims that in addition to autonomy, liberal tradition recognizes human flourishing as an ideal of the good life. There are two versions of the liberalism of flourishing: for one the good life consists in the ability of an individual to develop her intellectual and moral capabilities, and for the other the good life is one in which an individual succeeds in materializing her varied human capabilities. Both versions expect the state to create the background conditions for flourishing. Combining the history of ideas with analytical political philosophy, Menachem Mautner finds the roots of the liberalism of flourishing in the works of great philosophers, and argues that for individuals to reach flourishing they need to engage with art. Art provides us with wisdom, insight, critical social and political thinking, and moral education. Thus, a state which practices the liberalism of flourishing must play an active role in funding the creation and dissemination of art. Consequently, the liberalism of flourishing is better equipped than autonomy liberalism to compete with religion in the domains of meaning and over the shape of the regime, the political culture and the law in countries in which liberalism is contested. Political theorists and lawyers will enjoy engaging with this version of liberalism, as will students of social democracy and art policy.
Author | : Günter Frankenberg |
Publisher | : Edward Elgar Publishing |
Total Pages | : 357 |
Release | : 2018-03-30 |
Genre | : Law |
ISBN | : 178254898X |
Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practice realism, demonstrate critical spirit and examine the dark side of framers’ reports and normative theories.