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Author : Allen Guttmann
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.3/5 (91 download)
Download or read book Communism, the Courts, and the Constitution written by Allen Guttmann and published by . This book was released on 1964 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Wojciech Sadurski
Publisher : Springer
ISBN 13 : 9401789355
Total Pages : 470 pages
Book Rating : 4.4/5 (17 download)
Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer. This book was released on 2014-05-26 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Author : Allen Guttmann
Publisher :
ISBN 13 :
Total Pages : 130 pages
Book Rating : 4.:/5 (64 download)
Download or read book Communism, the Courts and the Constitution written by Allen Guttmann and published by . This book was released on 1964 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Milton Cantor
Publisher : Routledge
ISBN 13 : 1351519786
Total Pages : 342 pages
Book Rating : 4.3/5 (515 download)
Download or read book First Amendment Under Fire written by Milton Cantor and published by Routledge. This book was released on 2017-07-12 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The First Amendment is perhaps the most important - and most debated - amendment in the US Constitution. It establishes freedom of speech, as well as that of religion, the press, peaceable assembly and the right to petition the government. But how has the interpretation of this amendment evolved? Milton Cantor explores America's political response to the challenges of social unrest and how it shaped the meaning of the First Amendment throughout the twentieth century. This multi-layered study of dissent in the United States from the early 1900s through the 1970s describes how Congress and the law dealt with anarchists, syndicalists, socialists, and militant labor groups, as well as communists and left-of-center liberals. Cantor describes these organizations' practices, policies, and policy shifts against the troubled background of war and overseas affairs. The volume chronologically explores each new challenge - both events and legislation - for the First Amendment and how the public and branches of government reacted. The meaning of the First Amendment was defined in the crucible of threats to national security. Some perceived threats were wartime events; the First World War instigated awareness of civil liberties, but in those times, security trumped liberty. In the peace that followed, efforts to curtail speech continued to prevail. Cantor analyzes the decades-long divisiveness regarding First Amendment decisions in the Supreme Court, coming down squarely in criticism of those who have argued for greater government control over speech.
Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118837
Total Pages : 472 pages
Book Rating : 4.1/5 (188 download)
Download or read book Constitutional Justice, East and West written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.
Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 140203007X
Total Pages : 377 pages
Book Rating : 4.4/5 (2 download)
Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2005-12-05 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny.
Author : Herman Schwartz
Publisher : University of Chicago Press
ISBN 13 : 9780226741963
Total Pages : 380 pages
Book Rating : 4.7/5 (419 download)
Download or read book The Struggle for Constitutional Justice in Post-Communist Europe written by Herman Schwartz and published by University of Chicago Press. This book was released on 2000 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
Author : Adam Czarnota
Publisher : Central European University Press
ISBN 13 : 9637326227
Total Pages : 380 pages
Book Rating : 4.6/5 (373 download)
Download or read book Rethinking the Rule of Law After Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-01-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.
Author : William B. Simons
Publisher : BRILL
ISBN 13 : 9789028600706
Total Pages : 676 pages
Book Rating : 4.6/5 (7 download)
Download or read book The Constitutions of the Communist World written by William B. Simons and published by BRILL. This book was released on 1980-01-01 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: The written contributions compiled in this book are based upon lectures held during a symposium on the administrative law implementation & enforcement of community law organized by the Directorate General Financial Control & the Dutch Law Association for the Study of Protection of Financial Interests of the EC. The topic is regarded from the perspective of both administrative practice & administrative law. While concentrating on the Dutch case the arguments put forward should also be of interest to the other EC countries since they also have to deal with both community law & national administrative law. Furthermore the book sheds light upon the development of community law in general. The importance of national administrative law for the putting into practice of community law is a topic which has received increasing attention from both the sides of administrative practice & legal science. At the same time it is clear that administrative law has acquired more & more community tasks & obligations. The latter development might point towards an European version of administrative law in the future.
Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 1278 pages
Book Rating : 4.:/5 (319 download)
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 1975 with total page 1278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 80 volume set covers landmark constitutional law cases from 1793 through 1973. Supplemental volumes are available through the 1986 term. The reader is provided with the circumstances that influence the decisions of the justices and that form the factual foundation of each of the included cases.
Author : Geoffrey R. Stone
Publisher : Oxford University Press, USA
ISBN 13 : 019093820X
Total Pages : 241 pages
Book Rating : 4.1/5 (99 download)
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Author : László Sólyom
Publisher : University of Michigan Press
ISBN 13 : 9780472109654
Total Pages : 444 pages
Book Rating : 4.1/5 (96 download)
Download or read book Constitutional Judiciary in a New Democracy written by László Sólyom and published by University of Michigan Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Author : William M. Wiecek
Publisher : Cambridge University Press
ISBN 13 : 9780521848206
Total Pages : 760 pages
Book Rating : 4.8/5 (482 download)
Download or read book The History of the Supreme Court of the United States written by William M. Wiecek and published by Cambridge University Press. This book was released on 2006-01-23 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
Author : Catherine Dupré
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310451
Total Pages : 240 pages
Book Rating : 4.8/5 (473 download)
Download or read book Importing the Law in Post-Communist Transitions written by Catherine Dupré and published by Bloomsbury Publishing. This book was released on 2003-03-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book,one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court's instrumentalisation of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience, this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers' perspective.
Author : Lyman Armentrout Garber
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.F/5 ( download)
Download or read book Of Men and Not of Law written by Lyman Armentrout Garber and published by . This book was released on 1966 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critique by a Beverly Hills, Calif. lawyer of encroachments of Federal courts on legal prerogatives of the Common Law system.
Author : Herman Schwartz
Publisher : University of Chicago Press
ISBN 13 : 0226741966
Total Pages : 368 pages
Book Rating : 4.2/5 (267 download)
Download or read book The Struggle for Constitutional Justice in Post-Communist Europe written by Herman Schwartz and published by University of Chicago Press. This book was released on 2000 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
Author : Jan F. Triska
Publisher : [Stanford, Calif.] : Hoover Institution on War, Revolution, and Peace, Stanford University
ISBN 13 :
Total Pages : 568 pages
Book Rating : 4.:/5 (49 download)
Download or read book Constitutions of the Communist Party-states written by Jan F. Triska and published by [Stanford, Calif.] : Hoover Institution on War, Revolution, and Peace, Stanford University. This book was released on 1969 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
