Описание: Adherents of originalism often present it as a theory that constrains legal decision-making in a clear and objective manner that is based on the text and original meaning of the Constitution, in contrast to the supposedly subjective and “activist” jurisprudence of those who promote a living Constitution. But originalists have not had the same views on constitutional issues, calling into question the theory of originalism. Limits of Constraint examines the originalist jurisprudence of Hugo Black, Antonin Scalia, and Clarence Thomas, showing that three of the Court’s originalists have arrived at different conclusions in many constitutional areas. While the starkest contrast is between Justice Black and Justices Scalia and Thomas, even the latter two justices have disagreed on several key issues, including executive power and the administrative state. James Staab shows that originalism in actual practice does not deliver on its promise of an objective jurisprudence free of personal philosophy and discretion.Rather than rehash theoretical debates about the merits of originalism, Limits of Constraint examines originalism in operation by focusing on the judicial opinions of three prominent Supreme Court originalists: Hugo Black, Antonin Scalia, and Clarence Thomas. If the analysis of this book is correct—that is, the results reached by Justices Black, Scalia, and Thomas are divergent across a wide array of constitutional areas—then originalism promises more than it can deliver. One of the fundamental claims made by originalists is that their theory of constitutional interpretation limits judicial discretion, but originalism does not constrain judicial behavior as much as its defenders claim.
Описание: This book argues that to understand the complexities of our current legal-institutional arrangements, we first need an insight into Kant`s global politics, and highlights the potential fruitfulness of Kant`s cosmopolitan thought for contemporary political thinking.
Автор: Allan T. R. S. Название: The Sovereignty of Law: Freedom, Constitution, and Common Law ISBN: 019968507X ISBN-13(EAN): 9780199685073 Издательство: Oxford Academ Рейтинг: Цена: 11139.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.
Автор: Franks Mary Anne Название: The Cult of the Constitution ISBN: 1503614980 ISBN-13(EAN): 9781503614987 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 2508.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy.
Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence.
But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Автор: Tatsuya Yamamoto; Tomoaki Ueda Название: Law and Democracy in Contemporary India ISBN: 3319958364 ISBN-13(EAN): 9783319958361 Издательство: Springer Рейтинг: Цена: 12196.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses legal orders, actors and democracy in contemporary India, with a particular focus on the everyday contexts and dynamics of human rights, citizenship and socio-economic rights and laws.The contributions explore both ‘institutionalization from above’, where the judiciary and legislative body aim to govern people, and ‘institutionalization from below’, where the governed attempt to expand their substantive rights embedded within their everyday lives. This analysis identifies contact zones between the two directions, which act as spaces for democratic participation and negotiation. Such a perspective should be useful to both those who are interested in Indian politics, and anthropologists and sociologists working on dynamics of laws and rights.
Автор: Laurent Dubois, Julia Gaffield, Michel Acacia Название: Constitutional Documents of Haiti 1790–1860 ISBN: 3598357117 ISBN-13(EAN): 9783598357114 Издательство: Walter de Gruyter Цена: 42770.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book edition of Constitutions of the World from the late 18th Century to the middle of the 19th Century is the most complete and academically thorough collection of its kind. It contains constitutional documents from all over the world, written from 1776 to the end of the year 1849. This collection includes about 1,600 constitutions, amendments, human rights declarations, and draughts of constitutions that never came into force, from this period. These early constitutional documents were collected and examined in archives and libraries all over the world, as part of a project by the Deutsche Forschungsgemeinschaft (German Research Foundation). Using the original documents, experts from American and European universities reconstructed the authentic constitution texts for each country, and annotated them in their respective original languages. Each volume contains a short introduction, a main part with the edited constitution documents of a country, comments and an index. The unique value of the complete edition lies in its making all constitutions, from the early phase of modern constitutionalism, accessible in a reliable, authentic text version for the first time. These constitutions were widely scattered until now and, in many cases, unknown. In all, constitutional documents from about 50 countries in Europe and the Americas will be published in volumes for each country. Constitutions of the World from the late 18th Century to the Middle of the 19th Century is a unique and fundamental source edition and an extensive documentation of constitutional history. At the same time, it supplements the microfiche edition Constitutions of the World 1850 to the Present. The editor, Horst Dippel, is Professor of British and North American History at the University of Kassel, Germany.
Автор: Horst Dippel, Sebastian Dorsch Название: Queretaro – Zacatecas ISBN: 3110298554 ISBN-13(EAN): 9783110298550 Издательство: Walter de Gruyter Цена: 39051.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book edition of Constitutions of the World from the late 18th Century to the middle of the 19th Century is the most complete and academically thorough collection of its kind. It contains constitutional documents from all over the world, written from 1776 to the end of the year 1849. This collection includes about 1,600 constitutions, amendments, human rights declarations, and draughts of constitutions that never came into force, from this period. These early constitutional documents were collected and examined in archives and libraries all over the world, as part of a project by the Deutsche Forschungsgemeinschaft (German Research Foundation). Using the original documents, experts from American and European universities reconstructed the authentic constitution texts for each country, and annotated them in their respective original languages. Each volume contains a short introduction, a main part with the edited constitution documents of a country, comments and an index. The unique value of the complete edition lies in its making all constitutions, from the early phase of modern constitutionalism, accessible in a reliable, authentic text version for the first time. These constitutions were widely scattered until now and, in many cases, unknown. In all, constitutional documents from about 50 countries in Europe and the Americas will be published in volumes for each country. Constitutions of the World from the late 18th Century to the Middle of the 19th Century is a unique and fundamental source edition and an extensive documentation of constitutional history. At the same time, it supplements the microfiche edition Constitutions of the World 1850 to the Present. The editor, Horst Dippel, is Professor of British and North American History at the University of Kassel, Germany.
Автор: Daniel N. Robinson, Richard N. Williams Название: Religious Liberty: Essays on First Amendment Law ISBN: 1316602087 ISBN-13(EAN): 9781316602089 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: These essays focus on the intellectual and philosophical roots of religious liberty and the confrontations with the authority of secular law. The book is aimed at researchers, graduate students and undergraduates in constitutional law, political science, government, constitutional religion and public affairs courses, as well as courses on the First Amendment.
Название: Human Rights Of, By, and For the People ISBN: 1138204161 ISBN-13(EAN): 9781138204164 Издательство: Taylor&Francis Рейтинг: Цена: 26796.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These--the oldest governing documents still in use in the world--urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR.
The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.
Название: The Cult of the Constitution ISBN: 1503603229 ISBN-13(EAN): 9781503603226 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 8151.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keeps the Constitution in the service of white male supremacy.
Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence.
But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Автор: Feldman, Stephen M. Название: New roberts court, donald trump, and our failing constitution ISBN: 3319564501 ISBN-13(EAN): 9783319564500 Издательство: Springer Рейтинг: Цена: 4024.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining the political implications of the appointment of a new Supreme Court Justice after the death of Justice Antonin Scalia, this book asks: will it follow the early Roberts Court in approving and bolstering Democracy, Inc., or will it restore the crucial balance between the public and private spheres in our democratic-capitalist system?
Автор: Kavanagh, Aileen (trinity College Dublin) Название: Collaborative constitution ISBN: 1108493262 ISBN-13(EAN): 9781108493260 Издательство: Cambridge Academ Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this book, Aileen Kavanagh offers a fresh account of how we should protect rights in a democracy. Departing from leading theoretical accounts which present the courts and legislature as rivals for constitutional supremacy, Kavanagh argues that protecting rights is a collaborative enterprise between all three branches of government - the Executive, the legislature, and the courts. On a collaborative vision of constitutionalism, protecting rights is neither the solitary task of a Herculean super-judge, nor the dignified pronouncements of an enlightened legislature. Instead, it is a complex, dynamic, and collaborative endeavour, where each branch has a distinct but complementary role to play, whilst engaging with each other in a spirit of comity and mutual respect. Connecting constitutional theory with the practice of protecting rights in a democracy, this book offers an innovative understanding of the separation of powers, grounded in the values and virtues of constitutional collaboration.
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