Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent--and limits--of presidential power
One of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president.
Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion.
Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
Автор: Gerard McCormack Название: Secured Credit under English and American Law ISBN: 0521826705 ISBN-13(EAN): 9780521826709 Издательство: Cambridge Academ Рейтинг: Цена: 19325.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Under English Law it is possible to create security over almost any asset, but the law is considered to be unsatisfactory. McCormack examines the law in England, highlighting its weaknesses. He uses Article 9 of the American Uniform Commercial Code as a reference point. Contains the text of Article 9.
This academic work investigates various approaches for deciding on the grant of preliminary injunctions in patent litigation. These can be a highly effective remedy, but a decision to grant a preliminary injunction is taken early in the course of litigation and often under a cloud of uncertainty. If granted too easily or erroneously, preliminary injunctions can have negative consequences on competition and innovation. The author looks at (judicial) standards that have been developed in various national jurisdictions, Legal theory and Law and Economics. The lessons learned here can be of particular relevance for the future Unified Patent Court.
Автор: Baker John Название: English Law Under Two Elizabeths ISBN: 1108837964 ISBN-13(EAN): 9781108837965 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A novel experiment in comparative legal history, exploring the legal world in England under Elizabeth I and Elizabeth II. Despite the distance of four centuries, many of the concerns of Elizabethan lawyers resonate with those of today. The book concentrates on the rule of law and the delivery of justice.
Описание: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR).
The collection explores four interlocking themes surrounding the issue of coercive human rights:
First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection.
Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights.
Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including:
- how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations.
Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions
Описание: Part III, "Public Health, Financial and Economic Crises," considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress.
Описание: This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Автор: Baker, Sir John (university Of Cambridge) Название: English law under two elizabeths ISBN: 1108947328 ISBN-13(EAN): 9781108947329 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A novel experiment in comparative legal history, exploring the legal world in England under Elizabeth I and Elizabeth II. Despite the distance of four centuries, many of the concerns of Elizabethan lawyers resonate with those of today. The book concentrates on the rule of law and the delivery of justice.
Автор: Dale Smith, Lisa Burton Crawford, Patrick Emerton Название: Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy ISBN: 1509946071 ISBN-13(EAN): 9781509946075 Издательство: Bloomsbury Academic Рейтинг: Цена: 7514.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Jeffrey Goldsworthy is a renowned constitutional scholar and legal theorist whose work on the powers of Parliament and the interpretation of constitutional and statute laws has helped shape debates on these topics across the English-speaking world. The importance of democratic constitutionalism is central to Professor Goldsworthy’s work: it lies at the heart of his defence of Parliamentary supremacy and shapes his approach to both constitutional and statutory interpretation. In honour of Professor Goldsworthy’s retirement, this collection provides new perspectives from a range of leading public law scholars and theorists on the legal and philosophical principles that govern the making and interpretation of laws in a constitutional democracy. It also addresses some of the challenges to democratic constitutionalism that have arisen in light of contemporary developments in Australia, Canada, New Zealand, the United Kingdom and the United States.
Описание: The entry into force of the Lisbon Treaty brought about a proliferation of "integration principles". This book addresses the implications of the proliferation of sectorial integration principles and the introduction of a universal requirement of policy consistency in terms of the division of competences between the Union and the Member States.
Описание: This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court`s approach to rational lawmaking.
Описание: This book raises very interesting and important questions about the legitimacy of the contemporary use of United Nations Constitutional Assistance (UNCA) (1989-2018) which birthed in 1949, as trusteeship and was, for this reason, rejected in 1960. Conceptual confusions have turned scholars' and policymakers' attention away from the Western liberal constitution that UNCA internationalizes. The Constitution's salience makes UNCA the most significant post-1989 development---one that promotes the 'rule of law, ' provides the basis for UN/ international territorial administration, and shapes all other developments. During colonialism, foreign states and international organizations starting from the League of Nations, followed by the United Nations, internationalized the Constitution in response to the colonies' supposed incapacities, and ostensibly to promote free markets, rule of law, good governance and civilized standards concerning women, with a view to 'civilize' them, and thereby morph them into sovereign states. Post 1960, UNCA has worked essentially to secure debt-relief for poor debtor sovereign states. But it does so, ostensibly to promote the same ends with a view to 'modernize' them, thus 'strengthening' their supposedly weakened sovereignty, which means, sovereign states experience political domination and control just as they did when they were colonies. This book concludes that UNCA which continues as trusteeship, makes a new addition to the 'standards of civilization': transparent, inclusive and participatory constitution-making. UNCA violates developing states' right to self-determination. This book provides a new constitutional dimension of trusteeship, one that creates and perpetuates global inequality.
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