Due Process of Lawmaking

Due Process of Lawmaking
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
Total Pages: 309
Release: 2015-01-22
Genre: Law
ISBN: 1316194744

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

Due Process of Lawmaking

Due Process of Lawmaking
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
Total Pages: 309
Release: 2015-01-22
Genre: Law
ISBN: 1107043670

This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.

Due Process of Lawmaking

Due Process of Lawmaking
Author: Susan Rose-Ackerman
Publisher: Cambridge University Press
Total Pages: 0
Release: 2015-01-22
Genre: Law
ISBN: 9781107043671

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

The Federalist Papers

The Federalist Papers
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.

Due Process

Due Process
Author: James Roland Pennock
Publisher: NYU Press
Total Pages: 399
Release: 1977-06
Genre: Political Science
ISBN: 0814765696

Human Nature in Politics brings the competences and perspectives of law, philosophy and political science to bear on an imporant subject seldom treated at book length. The subject of human nature in politics is as old as systematic thought about politics. Out of favor for a period in modern times, it is now once more the subject of attention by political theorists who often borrow heavily from the disciplines of biology and psychology. The plurality of their approaches and insights is reflecteed in Part I of the book: Perspectives on Human Nature. Although appeals to human nature have historically been made by both radicals and conservatives, it is the latter who have more typically sought support from this source. However, modern radicals are beginning to re-explore the subject, as is evidenced in the second section on "Human Nature and Radical Political Thought." In the concluding section of the book, four authors analyze the question of "Rationality and Human Nature" and, with a broader interpretation of rationality, find bases in human nature for some confidence that politics need not be an irrational enterprise. The bibliography at the end of the volume is of particular value for all students of political theory. Thirteen outstanding authors contribute to this volume, which must be of interest to legal philosophers and students of jurisprudence in all English-speaking countries.

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
Total Pages: 305
Release: 2017-02-15
Genre: Law
ISBN: 0190642726

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

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.

Legislative Law and Process in a Nutshell

Legislative Law and Process in a Nutshell
Author: Jack Davies
Publisher: West Academic Publishing
Total Pages: 408
Release: 1986
Genre: Law
ISBN:

Legislative Process: Four Fundamental Ideas; Legislative Institutions; Processing Bills; Legislative Advocacy; Making a Bill; Ideas for Legislation; Bill Drafting; Perspectives on Legislative Power; Legislative Policy Making; Running Government; Limitations on Power; Struggle for Legislative Power; Impact of Constitutions: Constitutional Tests of Legislation; Constitutional Rules Aimed at Legislatures; Statutory Interpretation: Fundamentals of Statutory Interpretation; Lawmaking Roles of Courts and Legislatures.