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A New Constitutional Order
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Book Synopsis The New Constitutional Order by : Mark Tushnet
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Book Synopsis Hong Kong's New Constitutional Order by : Yash Ghai
Download or read book Hong Kong's New Constitutional Order written by Yash Ghai and published by Hong Kong University Press. This book was released on 1997-05-01 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.
Book Synopsis A Confucian Constitutional Order by : Jiang Qing
Download or read book A Confucian Constitutional Order written by Jiang Qing and published by Princeton University Press. This book was released on 2012-10-28 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.
Book Synopsis The Constitution as Social Design by : Gretchen Ritter
Download or read book The Constitution as Social Design written by Gretchen Ritter and published by Stanford University Press. This book was released on 2006 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by womens rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.
Book Synopsis The Age of Deference by : David Rudenstine
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Book Synopsis A New Constitutional Order? by : Fordham Law School
Download or read book A New Constitutional Order? written by Fordham Law School and published by . This book was released on 2006 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Peace, Discontent and Constitutional Law by : Martin Belov
Download or read book Peace, Discontent and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2021-05-24 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.
Book Synopsis American Law and the Constitutional Order by : Lawrence Meir Friedman
Download or read book American Law and the Constitutional Order written by Lawrence Meir Friedman and published by Harvard University Press. This book was released on 1988 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.
Book Synopsis Taking Back the Constitution by : Mark Tushnet
Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.
Book Synopsis Our Undemocratic Constitution by : Sanford Levinson
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber
Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.
Book Synopsis The Presidency in the Constitutional Order by : Joseph M. Bessette
Download or read book The Presidency in the Constitutional Order written by Joseph M. Bessette and published by Routledge. This book was released on 2017-07-12 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.
Book Synopsis Constitutional Faith by : Sanford Levinson
Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
Book Synopsis The People’s Constitution by : John F. Kowal
Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Book Synopsis The Madisonian Constitution by : George Thomas
Download or read book The Madisonian Constitution written by George Thomas and published by JHU Press. This book was released on 2008-06-18 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Constitutional Democracy by : Walter F. Murphy
Download or read book Constitutional Democracy written by Walter F. Murphy and published by JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Kenya written by Godwin R. Murunga and published by Zed Books Ltd.. This book was released on 2014-12-11 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.
