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Author : Sisters of St. Joseph (Brentwood, N.Y.)
Publisher :
ISBN 13 :
Total Pages : 45 pages
Book Rating : 4.:/5 (696 download)
Download or read book CJS Temporary Constitutions written by Sisters of St. Joseph (Brentwood, N.Y.) and published by . This book was released on 1975 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : New York (State). Temporary Commission on the Constitutional Convention
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.M/5 ( download)
Download or read book Revision and simplification written by New York (State). Temporary Commission on the Constitutional Convention and published by . This book was released on 1966 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ozan O. Varol
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Temporary Constitutions written by Ozan O. Varol and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prevailing conceptions of constitutions ordinarily characterize them as rigid and long-enduring, if not permanent, documents. This Article challenges that prevailing wisdom on both descriptive and normative grounds by providing the first systematic examination of temporary constitutions, exploring their benefits as well as their costs, and providing prescriptions for their optimal use. A temporary constitution or constitutional provision, as this Article defines it, limits its own term and lapses at its expiration date unless reenacted through regular constitutional amendment procedures. Although underexplored and undertheorized, temporary constitutions have an extensive historical pedigree and neglected benefits for constitutionalism. Temporary constitutions can reduce error costs associated with entrenching a norm in a durable constitution and promote incrementalism and experimentation in constitutional design by allowing constitutional drafters to consider a greater quality and quantity of information about the empirical effects of their constitutional choices. The use of temporary constitutions can also reduce cognitive biases that tend to predominate in constitutional moments and promote consensus building among constitutional designers by lowering the decision costs involved in negotiating and reaching a constitutional bargain. Finally, temporary constitutionalism can respond to the central critique of durable constitutions by easing the “dead hand” problem, which refers to the ability of the constitutional founders to entrench norms that bind future generations. Temporary constitutions, however, can also impose their own costs on the polity by undermining constitutional stability and design efficiency, and by injecting different types of cognitive biases into the design process. This Article analyzes these costs, offers some prescriptions for minimizing them, and studies the advantages and disadvantages of temporary constitutions vis-à-vis other strategies of constitutional design intended to ease constitutional rigidity or permanence, including “by law” clauses, low amendment thresholds, and constitutional vagueness.
Author : Clyde Pharr
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771461
Total Pages : 674 pages
Book Rating : 4.5/5 (847 download)
Download or read book The Theodosian Code and Novels, and the Sirmondian Constitutions written by Clyde Pharr and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pharr, Clyde. The Theodosian Code and Novels and the Sirmondian Constitutions: A Translation with Commentary, Glossary, and Bibliography. [Princeton]: Princeton University Press, 1952. xxvi, 643 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 2001023441. ISBN 1-58477-146-1. Hardcover. * Definitive scholarly English translation of the Theodosian Code, which was the Code of laws that regulated Roman life at its apex before the era of Justinian. The structure and scope of this text illustrate the complexity of the legal system of this fascinating era and the ultimate fall of the Roman empire. Marital law, adultery and inheritance; libel; the military; pardons; government administration; tax and tax appeals; fiscal law, debtors, and petitions; notification of suit; the secret service; land matters; gladiators, conscripted labor and compulsory public service, slavery and manumission, including the restriction of Jews against ownership of Christian slaves; the relationship of church and state and much more are covered. With thorough introduction, commentary, glossary, bibliography. Well-indexed.
Author : H. Kumarasingham
Publisher : Routledge
ISBN 13 : 1317245105
Total Pages : 223 pages
Book Rating : 4.3/5 (172 download)
Download or read book Constitution-making in Asia written by H. Kumarasingham and published by Routledge. This book was released on 2016-03-31 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
Author : Gerard Hogan
Publisher : Bloomsbury Publishing
ISBN 13 : 1784516678
Total Pages : 3040 pages
Book Rating : 4.7/5 (845 download)
Download or read book Kelly: The Irish Constitution written by Gerard Hogan and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 3040 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
Author : Richard Albert
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908269
Total Pages : 679 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Foundations and Traditions of Constitutional Amendment written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
Author : United States
Publisher :
ISBN 13 :
Total Pages : 416 pages
Book Rating : 4.:/5 (2 download)
Download or read book Constitution of the State of California, the Constitution of the United States and Related Documents written by United States and published by . This book was released on 1938 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Francis Wharton
Publisher :
ISBN 13 :
Total Pages : 1320 pages
Book Rating : 4.3/5 (511 download)
Download or read book A Treatise on Criminal Law written by Francis Wharton and published by . This book was released on 1912 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : E. Lauterpacht
Publisher : Cambridge University Press
ISBN 13 : 9781857010084
Total Pages : 826 pages
Book Rating : 4.0/5 (1 download)
Download or read book International Law Reports: Volume 90 written by E. Lauterpacht and published by Cambridge University Press. This book was released on 1992 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Maurice Kelly
Publisher : Butterworths
ISBN 13 :
Total Pages : 2474 pages
Book Rating : 4.F/5 ( download)
Download or read book The Irish Constitution written by John Maurice Kelly and published by Butterworths. This book was released on 2003 with total page 2474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ronald J. Allen
Publisher : Aspen Publishing
ISBN 13 : 1543817548
Total Pages : 1794 pages
Book Rating : 4.5/5 (438 download)
Download or read book Criminal Procedure written by Ronald J. Allen and published by Aspen Publishing. This book was released on 2020-02-13 with total page 1794 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure: Adjudication and Right to Counsel, Third Edition is designed for the criminal procedure course focused on the pretrial, trial, and post-trial processes. It covers prosecutorial decision making, pretrial release, grand juries, speedy trial rights, venue, joinder and severance, discovery, guilty pleas and plea bargains, trials, sentencing, appeals, and postconviction challenges. The book is designed to be used with the annual supplement that contains the statutes and rules covered in the course. This split is derived from the successful casebook Comprehensive Criminal Procedure by the same experienced author team. New to the Third Edition: The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures An increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law
Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : California
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.:/5 (35 download)
Download or read book West's Annotated California Codes: Constitution written by California and published by . This book was released on 1954 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Judge Douglass H. Bartley
Publisher : Judge Douglass H. Bartley
ISBN 13 : 1480161969
Total Pages : 699 pages
Book Rating : 4.4/5 (81 download)
Download or read book The Kiss of Judice: the Constitution Betrayed written by Judge Douglass H. Bartley and published by Judge Douglass H. Bartley. This book was released on 2012-11 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is the third of a four-volume treatise. In seven sections, it covers: The General Welfare Clause: Mutation of Restraint into Plenary Power-Federal Commerce Power: Leviathan's Dragnet-Necessary And Proper: Any Expedient Will Do-Delegation Run Riot: Exorcism Of Separation Of Powers And Ordination Of Presidential Lawmaking-Rambo Power Rampant-The 14th Amendment Amended: Voodoo Jurisdiction-R.I.P. FederalismThe volume is styled, The Kiss of Judice: The Constitution Betrayed-A Coroner's Inquest and Report. 'Judice', Latin, a pun, means 'pertaining to judges'; thus denoting the judicial, Judas-like betrayal of the Constitution. 'Coroner's Inquest' denotes that the work is a study into the death of the Constitution. Your author is the Coroner. He proceeds in the Inquest with the aid of his Coroner's Jury: Jefferson, Madison, Hamilton, Story, Locke, and Blackstone. The work in this volume is a dialogue between the Coroner and his jury on the various parts of the Constitution covered. The jury members answer the Coroner's questions, for the most part in their own words, drawn from a variety of their written works. Occasionally the Coroner puts words in their mouths; those 'inventions' are shown in brackets in the jurors' answers. The work is novel, because, to the author's knowledge, it is the only 'Constitutional Law' textbook that collects the wisdom of the framers as the Constitution's only authoritative sources; it does not, as most Constitutional Law texts do, emphasize court cases as constitutional authority, for more often than not, the courts have only warped the Constitution. In a broader sense, though, the work is not novel, for it's only an arrangement of the work already done by the jurors. The author is pleased to say that the work, by and large, is not original thought. Its beauty is that it only revives long-forgotten constitutional 'discoveries' as set in the words of the main jurors and some others within 'interviewed'. Note to purchasers: For updates to the manuscript, check "Pastoral Republican" @ http://douglassbartley.wordpress.com/
Author : Cheryl Saunders
Publisher : Oxford University Press
ISBN 13 : 0191058300
Total Pages : 1201 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018-02-22 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The Handbook offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in global perspective. The chapters of the Handbook are arranged in seven thematically-grouped parts. The first, 'Foundations', deals with aspects of Australian history which have influenced constitutional arrangements. The second, 'Constitutional Domain', addresses the interaction between the constitution and other relevant legal systems and orders, including the common law, international law, and state constitutions. The third, 'Themes', identifies themes of special constitutional significance, including the legitimacy of the constitution, citizenship, and republicanism. The fourth, 'Practice and Process', deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian Constitutional system: 'Separation of Powers', 'Federalism', and the 'Protection of Rights.' Written by a team of experts drawn from academia and practice, the Handbook provides Australian and international readers alike with a reliable source of knowledge, understanding, and insight into the Australian Constitution.
Author : Boudewijn Sirks
Publisher : Cambridge University Press
ISBN 13 : 1009172603
Total Pages : 359 pages
Book Rating : 4.0/5 (91 download)
Download or read book The Colonate in the Roman Empire written by Boudewijn Sirks and published by Cambridge University Press. This book was released on 2024-01-18 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and ground-breaking history of the Roman colonate in its legal and socio-economic contexts.
