Constitutional Limitations Upon Special Legislation Concerning Municipalities (Classic Reprint)

Constitutional Limitations Upon Special Legislation Concerning Municipalities (Classic Reprint)
Author: William Backus Guitteau
Publisher: Forgotten Books
Total Pages: 68
Release: 2018-02-09
Genre: Reference
ISBN: 9780656148691

Excerpt from Constitutional Limitations Upon Special Legislation Concerning Municipalities Special legislation for our cities is in part an inheritance from England, where for many years legislative authority has been highly centralized.' This centralization results in part from the fact that the British Parliament has usually been very tenacious of its authority, and has consequently circum scribed local divisions within narrow limits, to be exceeded only by its own permission, granted in special acts. From early times the theory has pre vailed that, so far as public powers are concerned, municipal corporations are merely the delegates of Parliament, which is the ultimate source of all governmental power. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
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.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution
Author: A.V. Dicey
Publisher: Springer
Total Pages: 729
Release: 1985-09-30
Genre: Social Science
ISBN: 134917968X

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

In Search of Equality

In Search of Equality
Author: Charles J. McClain
Publisher: Univ of California Press
Total Pages: 395
Release: 1994
Genre: History
ISBN: 0520205146

Washburn, the California Supreme Court nullified a law imposing an onerous tax only on Chinese immigrants and aimed at discouraging Chinese immigration. An 1885 lawsuit by Joseph Tape, a Chinese parent, challenging the exclusion of Chinese children from the public schools, led to an order admitting his child. An 1890 measure attempted to remove San Francisco's Chinese residents from Chinatown and ghettoize them in a less desirable part of the city - the first attempt by an American municipality to segregate its inhabitants on the basis of race. Ten years later, after the discovery of suspected cases of bubonic plague in Chinatown, an attempt was made to force the Chinese to be inoculated with an experimental antiplague vaccine. These measures, too, were challenged by the Chinese and eventually struck down in the courts.

City, State

City, State
Author: Ran Hirschl
Publisher: Oxford University Press, USA
Total Pages: 273
Release: 2020
Genre: Law
ISBN: 019092277X

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

Human Rights and Constitution Making: Institutional and procedural guarantees of rights

Human Rights and Constitution Making: Institutional and procedural guarantees of rights
Author:
Publisher:
Total Pages: 144
Release: 2018
Genre: Civil rights
ISBN: 9789213622513

This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Constitutional Limitations Upon Special Legislation Concerning Municipalities

Constitutional Limitations Upon Special Legislation Concerning Municipalities
Author: William Backus Guitteau
Publisher: Legare Street Press
Total Pages: 0
Release: 2023-07-18
Genre:
ISBN: 9781019863428

Get an in-depth look at the legal issues surrounding special legislation concerning municipalities with this detailed study from legal scholar William Backus Guitteau. Drawing on case law, legislative histories, and academic commentary, this book provides a thorough examination of the constitutional limitations on state and local governments when it comes to regulating and funding their cities and towns. Whether you're a lawyer, a lawmaker, or just someone interested in the workings of government, this book is an important and insightful read. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.