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Constitution 1988
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Book Synopsis Constitutional Brinksmanship by : Russell L. Caplan
Download or read book Constitutional Brinksmanship written by Russell L. Caplan and published by Oxford University Press. This book was released on 1988-12-08 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first systematic study of the legal problems relating to the convention clause, Russell Caplan shows that repeated constitutional crises have given rise to state drives for a national convention nearly every twenty years since the Constitution was enacted. He deftly examines the politics of constitutional brinksmanship between Congress and the states to reveal the ongoing tension between state and federal rights and constitutional tradition and reform.
Book Synopsis The Constitution of Brazil by : Virgílio Afonso da Silva
Download or read book The Constitution of Brazil written by Virgílio Afonso da Silva and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil's struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis. Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution's transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come.
Book Synopsis The Unwritten Brazilian Constitution by : Rubens Becak
Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2012 with total page 1216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people 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. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer
Book Synopsis 1988 Supplement to Constitutional Law by : William B. Lockhart
Download or read book 1988 Supplement to Constitutional Law written by William B. Lockhart and published by . This book was released on 1988 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Liberty, Property, and the Foundations of the American Constitution by : Ellen Frankel Paul
Download or read book Liberty, Property, and the Foundations of the American Constitution written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1989-01-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover title: Liberty, property & the foundations of the American constitution. Includes bibliographies and index.
Book Synopsis Constitutional Erosion in Brazil by : Emilio Peluso Neder Meyer
Download or read book Constitutional Erosion in Brazil written by Emilio Peluso Neder Meyer and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.
Book Synopsis The Words We Live By by : Linda R. Monk
Download or read book The Words We Live By written by Linda R. Monk and published by Hachette Books. This book was released on 2015-08-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE WORDS WE LIVE BY takes an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, gun control, and affirmative action. In THE WORDS WE LIVE BY, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, THE WORDS WE LIVE BY offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. THE WORDS WE LIVE BY is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living--and entertaining--document. Updated now for the first time, THE WORDS WE LIVE BY continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
Book Synopsis Novus Ordo Seclorum by : Forrest McDonald
Download or read book Novus Ordo Seclorum written by Forrest McDonald and published by . This book was released on 1985 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism
Book Synopsis The United States Constitution by : J. Barton Starr
Download or read book The United States Constitution written by J. Barton Starr and published by Hong Kong University Press. This book was released on 1988-09-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Constitution is the oldest written constitution in the world. But what were its origins? Is it a “living” organism or, as the only alternative, a dead one? What influence, if any, has the U.S. Constitution had on Asian countries? Twenty scholars from around the world set out to pose answers to these questions. The result of their efforts is this book which looks at the U.S. Constitution from a global perspective. At times reinforcing existing knowledge, at times breaking new ground, the authors provide new insights into the role the U.S. Constitution has played in the development of governments in the two hundred years since its inception in 1787.
Book Synopsis Constitution of Brazil, 1967 by : Brazil
Download or read book Constitution of Brazil, 1967 written by Brazil and published by . This book was released on 1973 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The 1988 Brazilian Constitution by : Russell E. Smith
Download or read book The 1988 Brazilian Constitution written by Russell E. Smith and published by . This book was released on 1995 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conditions Handsome and Unhandsome by : Stanley Cavell
Download or read book Conditions Handsome and Unhandsome written by Stanley Cavell and published by University of Chicago Press. This book was released on 1990 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: In these three lectures, Cavell situates Emerson at an intersection of three crossroads: a place where both philosophy and literature pass; where the two traditions of English and German philosophy shun one another; where the cultures of America and Europe unsettle one another. "Cavell's 'readings' of Wittgenstein and Heidegger and Emerson and other thinkers surely deepen our understanding of them, but they do much more: they offer a vision of what life can be and what culture can mean. . . . These profound lectures are a wonderful place to make [Cavell's] acquaintance."—Hilary Putnam
Book Synopsis The New Mexico State Constitution by : Professor Charles E. Smith
Download or read book The New Mexico State Constitution written by Professor Charles E. Smith and published by Oxford University Press. This book was released on 2011-04-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Mexico State Constitution provides an outstanding constitutional and historical account of the state's governing charter. It begins with an overview of New Mexico's constitutional history, and then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Nex Mexico's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Download or read book Executing the Constitution written by and published by SUNY Press. This book was released on with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Clarence Thomas and the Lost Constitution by : Myron Magnet
Download or read book Clarence Thomas and the Lost Constitution written by Myron Magnet and published by Encounter Books. This book was released on 2019-05-07 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Clarence Thomas joined the Supreme Court in 1991, he found with dismay that it was interpreting a very different Constitution from the one the framers had written—the one that had established a federal government manned by the people’s own elected representatives, charged with protecting citizens’ inborn rights while leaving them free to work out their individual happiness themselves, in their families, communities, and states. He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people’s representatives with rules made by highly educated, modern, supposedly nonpartisan “experts,” an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson’s dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age. But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR’s batch, had deep misgivings about the new governmental order. He shared the framers’ vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court—the most important of them explained in these pages in clear, non-lawyerly language—he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed. A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas’s biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America’s future depends on the power of its culture and institutions to form ever more citizens of this stamp.
