State Constitutional Law Development
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Author | : James A. Gardner |
Publisher | : |
Total Pages | : 336 |
Release | : 2005 |
Genre | : Constitutional law |
ISBN | : |
Interpreting State Constitutions examines and proposes a solution to a problem central to contemporary debates over the enforcement of civil liberties: how courts, government officials, and lawyers should go about interpreting the constitutions of the American states. With the Supreme Court's retreat from the aggressive protection of individual rights, state courts have begun to interpret state constitutions to provide broader protection of liberties. This development has reversed the polarity of constitutional politics, as liberals advocate unimpeded state power while conservatives lobby for state subordination to a constitutional law controlled centrally by the Supreme Court. James A. Gardner here lays out the first fully developed theory of subnational constitutional interpretation. He argues that states are integral components of a national system of overlapping and mutually checking authority and that the purpose of this system is to protect liberty and defend against federal domination. The resulting account provides valuable prescriptive advice to state courts, showing them how to fulfill their responsibilities to the federal system in a way that strengthens American constitutional discourse.
Author | : Judge Jeffrey S. Sutton |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2018-05-07 |
Genre | : Law |
ISBN | : 0190866063 |
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Author | : Robert Williams |
Publisher | : Oxford University Press |
Total Pages | : 450 |
Release | : 2009-10-22 |
Genre | : Law |
ISBN | : 0199711305 |
The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions. This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation.
Author | : Richard B. Collins |
Publisher | : |
Total Pages | : 547 |
Release | : 2020 |
Genre | : Law |
ISBN | : 019090772X |
The Colorado State Constitution provides an outstanding constitutional and historical account of the state's governing charter, with an overview of Colorado's constitutional history, offering an in-depth, section-by-section analysis of the entire constitution. The second edition includes an updated history of the constitution focusing on events and amendments that have transformed the state in recent years including the state's extensive provisions for direct democracy, the initiative, veto referendum, and recall of elected officials.
Author | : Lu Da |
Publisher | : Springer Nature |
Total Pages | : 214 |
Release | : 2021-08-30 |
Genre | : Law |
ISBN | : 9811656363 |
This book deals with the development of constitutional law in China and Visegrad states by employing a comparative perspective. It is the first time that the researcher compared the constitutional development in the China and the Visegrad states. It offers a few glimpses of development of constitution in the (former) socialist states to readers who are interested in the constitutional law or China–V4 relations. With the increased cooperation between China and V4 countries, this book gives the undergraduates in the university to think about the BRI and 17+1 network from a Chinese perspective. Last, compared to the previous works which mainly focus on North America and/or Western Europe, this book provides a new angle on comparative constitutional law.
Author | : Alexander Hamilton |
Publisher | : Read Books Ltd |
Total Pages | : 420 |
Release | : 2018-08-20 |
Genre | : History |
ISBN | : 1528785878 |
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author | : Charles Henry Alexandrowicz |
Publisher | : |
Total Pages | : 272 |
Release | : 1957 |
Genre | : Law |
ISBN | : |
Author | : Jack N. Rakove |
Publisher | : Harvard University Press |
Total Pages | : 367 |
Release | : 2009-11-30 |
Genre | : History |
ISBN | : 0674036069 |
A Pulitzer Prize-winning historian serves as a guide to the U.S. Constitution and Declaration of Independence, providing historical contexts and offering interpretive commentary.
Author | : Oregon. Office of the Secretary of State |
Publisher | : |
Total Pages | : 232 |
Release | : 1895 |
Genre | : Oregon |
ISBN | : |
Author | : Thomas McIntyre Cooley |
Publisher | : |
Total Pages | : 1172 |
Release | : 1903 |
Genre | : Constitutional law |
ISBN | : |