The Changing Constitution
Author | : Jeffrey L. Jowell |
Publisher | : Oxford University Press, USA |
Total Pages | : 496 |
Release | : 1989 |
Genre | : History |
ISBN | : |
Previous edition, 1st, published in 1985.
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Author | : Jeffrey L. Jowell |
Publisher | : Oxford University Press, USA |
Total Pages | : 496 |
Release | : 1989 |
Genre | : History |
ISBN | : |
Previous edition, 1st, published in 1985.
Author | : David A. Strauss |
Publisher | : Oxford University Press |
Total Pages | : 171 |
Release | : 2010-05-19 |
Genre | : Law |
ISBN | : 0199703698 |
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author | : Jeffrey Rosen |
Publisher | : Rowman & Littlefield |
Total Pages | : 284 |
Release | : 2011-11-11 |
Genre | : Law |
ISBN | : 0815722133 |
At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre
Author | : Jeffrey L. Jowell |
Publisher | : Oxford University Press |
Total Pages | : 483 |
Release | : 2007-07-26 |
Genre | : Law |
ISBN | : 0199205116 |
Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The sixth edition of a highly successful volume provides a thorough review of the latest developments in constitutional reform. It includes a new chapter on 'Constitutional Watchdogs' and expanded consideration of freedom of information and the control of public expenditure. Professors Jowell and Oliver have brought together nineteen expert contributors to offer an invaluable source of material and analysis for all students of public law.
Author | : Beau Breslin |
Publisher | : |
Total Pages | : 368 |
Release | : 2021-04-20 |
Genre | : History |
ISBN | : 9780804776707 |
What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor rights over it." These famous words, written by Thomas Jefferson to James Madison, reflect Jefferson's lifelong belief that each generation ought to write its own Constitution. According to Jefferson each generation should take an active role in endorsing, renouncing, or changing the nation's fundamental law. Perhaps if he were alive today to witness our seething debates over constitutional interpretation, he would feel vindicated in this belief. Madison's response was that a Constitution must endure over many generations to gain the credibility needed to keep a nation strong and united. History tells us that Jefferson lost that debate. But what if he had prevailed? In A Constitution for the Living, Beau Breslin reimagines American history to answer that question. By tracing the story from the 1787 Constitutional Convention up to the present, Breslin presents an engaging and insightful narrative account of historical figures and how they might have shaped their particular generation's Constitution. For all those who want to be in the candlelit taverns where the Founders sat debating fundamental issues over wine; to witness towering figures of American history, from Abraham Lincoln to Booker T. Washington, play out hypothetical meetings and conversations that are startling and revealing; and to attend a Constitutional Convention taking place in the present day--this book brings these possibilities to life with sensitivity, verve, and compelling historical detail. This book is, above all, a call for a more engaged American public at a time when change seems close at hand, if we dare to imagine it.
Author | : Jeffrey Jowell |
Publisher | : |
Total Pages | : 481 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198806361 |
The Changing Constitution provides concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform.
Author | : Richard Johnson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 409 |
Release | : 2023-04-20 |
Genre | : Law |
ISBN | : 1509963723 |
This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.
Author | : Oregon. Office of the Secretary of State |
Publisher | : |
Total Pages | : 232 |
Release | : 1895 |
Genre | : Oregon |
ISBN | : |
Author | : John Paul Stevens |
Publisher | : Hachette+ORM |
Total Pages | : 244 |
Release | : 2014-02-18 |
Genre | : Political Science |
ISBN | : 0316373745 |
For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.
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.