The United Nations Charter as the Constitution of the International Community

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Author :
Publisher : BRILL
ISBN 13 : 9004175105
Total Pages : 228 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The United Nations Charter as the Constitution of the International Community by : Bardo Fassbender

Download or read book The United Nations Charter as the Constitution of the International Community written by Bardo Fassbender and published by BRILL. This book was released on 2009 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

The American Constitutional Tradition

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Author :
Publisher : Rowman & Littlefield
ISBN 13 : 1683930487
Total Pages : 253 pages
Book Rating : 4.6/5 (839 download)

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Book Synopsis The American Constitutional Tradition by : H. Lowell Brown

Download or read book The American Constitutional Tradition written by H. Lowell Brown and published by Rowman & Littlefield. This book was released on 2017-05-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a work of non-fiction. The book is a historical analysis of the evolution of a uniquely American constitutionalism that began with the original English royal charters for the exploration and exploitation of North America. When the U.S. Constitution was written in 1787, the accepted conception of a constitution was that of the British constitution, upon which the colonists had relied in asserting their rights with respect to the imperium, comprised of ancient documents, parliamentary enactments, administrative regulations, judicial pronouncements, and established custom. Of equal significance, the laws comprising the constitution did not differ from other statutes and as a consequence, there was no law endowed with greater sanctity than other legislative enactments. In framing the revolutionary state constitutions following the retreat of the crown governments in the colonies, as well as the later federal Constitution, the Revolutionaries fundamentally reconceived a constitution as being the single authoritative source of fundamental law that was superior to all other statutes, regulations, and judicial decisions, that was ratified by the states and that was subject to revision only through a formal amendment process. This new constitutional conception has been hailed as the great innovation of the revolutionary period, and deservedly so. This American constitutionalism had its origins in the now largely overlooked royal charters for the exploration of North America beginning with the charter granted to Sir Humphrey Gilbert by Elizabeth I in 1578. The book follows the development of this constitutional tradition from the early charters of the Virginia Companies and the covenants entered of the New England colonies, through the proprietary charters of the Middle Atlantic colonies. On the basis of those foundational documents, the colonists fashioned governments that came to be comprised not only of an executive, but an elected legislature and a judiciary. In those foundational documents and in the acts of the colonial legislatures, the settlers sought to harmonize their aspirations for just institutions and individual rights with the exigencies and imperatives of an alien and often hostile environment. When the colonies faced the withdrawal of the crown governments in 1775, they drew on their experience, which they formalized in written constitutions. This uniquely American constitutional tradition of the charters, covenants and state constitutions was the foundation of the federal Constitution and of the process by which the Constitution was written and ratified a decade later.

Charter of the United Nations and Statute of the International Court of Justice

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Author :
Publisher : UN
ISBN 13 : 9789210016513
Total Pages : 112 pages
Book Rating : 4.0/5 (165 download)

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Book Synopsis Charter of the United Nations and Statute of the International Court of Justice by : United Nations

Download or read book Charter of the United Nations and Statute of the International Court of Justice written by United Nations and published by UN. This book was released on 2015-08-30 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

The Federalist Papers

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Author :
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The People’s Constitution

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Author :
Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)

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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.

The Constitution Act, 1982

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis The Constitution Act, 1982 by : Canada

Download or read book The Constitution Act, 1982 written by Canada and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

“A Great Power of Attorney”

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Publisher : University Press of Kansas
ISBN 13 : 0700624252
Total Pages : 228 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis “A Great Power of Attorney” by : Gary Lawson

Download or read book “A Great Power of Attorney” written by Gary Lawson and published by University Press of Kansas. This book was released on 2017-05-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.

Politics and the Constitution

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Author :
Publisher : Thomson Carswell
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Politics and the Constitution by : Patrick Monahan

Download or read book Politics and the Constitution written by Patrick Monahan and published by Thomson Carswell. This book was released on 1987 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of the Canadian Constitution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190664819
Total Pages : 1169 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Canada in the World

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108419739
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Canada in the World by : Richard Albert

Download or read book Canada in the World written by Richard Albert and published by Cambridge University Press. This book was released on 2018 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

A Consolidation of the Constitution Acts 1867 to 1982

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Author :
Publisher : Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB)
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis A Consolidation of the Constitution Acts 1867 to 1982 by : Canada

Download or read book A Consolidation of the Constitution Acts 1867 to 1982 written by Canada and published by Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB). This book was released on 1983 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consolidated as of April 17, 1982.

The Negotiable Constitution

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139483730
Total Pages : 241 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Negotiable Constitution by : Grégoire C. N. Webber

Download or read book The Negotiable Constitution written by Grégoire C. N. Webber and published by Cambridge University Press. This book was released on 2009-11-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.

Charter Conflicts

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773524088
Total Pages : 310 pages
Book Rating : 4.5/5 (24 download)

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Book Synopsis Charter Conflicts by : Janet Hiebert

Download or read book Charter Conflicts written by Janet Hiebert and published by McGill-Queen's Press - MQUP. This book was released on 2002 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive examination of how the Charter influences political choices on social policy.

Constitutional Politics in Canada After the Charter

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Author :
Publisher : University of British Columbia Press
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Politics in Canada After the Charter by : Patrick James

Download or read book Constitutional Politics in Canada After the Charter written by Patrick James and published by University of British Columbia Press. This book was released on 2010 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Charter of Rights and Freedoms was introduced in 1982, Canada has experienced countless debates on constitutional politics and about the future of Canada. There has, however, been no systematic attempt to identify general theories about Canada’s constitutional evolution. Patrick James corrects this oversight by using systemism to identify and assess five theories within the liberal and communitarian paradigms and within the context of major issues such as the role of the courts and the status of Aboriginal peoples. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past - and the future - of the Canadian federation.

Constitution-making Under UN Auspices

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780199498024
Total Pages : 0 pages
Book Rating : 4.4/5 (98 download)

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Book Synopsis Constitution-making Under UN Auspices by : Vijayashri Sripati

Download or read book Constitution-making Under UN Auspices written by Vijayashri Sripati and published by Oxford University Press, USA. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.

On Reading the Constitution

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674044452
Total Pages : 157 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis On Reading the Constitution by : Laurence H. TRIBE

Download or read book On Reading the Constitution written by Laurence H. TRIBE and published by Harvard University Press. This book was released on 2009-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Just Words

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Publisher : University of Toronto Press
ISBN 13 : 080200461X
Total Pages : 241 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Just Words by : Joel Bakan

Download or read book Just Words written by Joel Bakan and published by University of Toronto Press. This book was released on 1997-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.