Constitution 3.0

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Publisher : Rowman & Littlefield
ISBN 13 : 0815722133
Total Pages : 284 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Constitution 3.0 by : Jeffrey Rosen

Download or read book Constitution 3.0 written by Jeffrey Rosen and published by Rowman & Littlefield. This book was released on 2011-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the twenty-first century, breathtaking changes in technology are posing stark challenges to our constitutional values. From free speech to privacy, from liberty and personal autonomy to the right against self-incrimination, basic constitutional principles are under stress from technological advances unimaginable even a few decades ago, let alone during the founding era. In this provocative collection, America's leading scholars of technology, law, and ethics imagine how to translate and preserve constitutional and legal values at a time of dizzying technological change. Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world. The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre

Keeping Faith with the Constitution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

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.

An Introduction to the Study of the Law of the Constitution

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Author :
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Constitutional Challenges in the Algorithmic Society

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Publisher : Cambridge University Press
ISBN 13 : 1108906923
Total Pages : 341 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Constitutional Challenges in the Algorithmic Society by : Hans-W. Micklitz

Download or read book Constitutional Challenges in the Algorithmic Society written by Hans-W. Micklitz and published by Cambridge University Press. This book was released on 2021-12-02 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.

The Constitutional Law of the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 1170 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Constitutional Law of the United States by : Westel Woodbury Willoughby

Download or read book The Constitutional Law of the United States written by Westel Woodbury Willoughby and published by . This book was released on 1910 with total page 1170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work as a whole is based upon lectures delivered during recent years to the graduate students in political science at the Johns Hopkins University.

American Constitutional Law

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Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442205903
Total Pages : 518 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis American Constitutional Law by : Donald P. Kommers

Download or read book American Constitutional Law written by Donald P. Kommers and published by Rowman & Littlefield Publishers. This book was released on 2009-07-16 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance. Volume 1 of this text focuses on governmental structures and relationships and includes a chapter on elections and political representation.

An Introduction to the Constitutional Law of the United States

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Publisher :
ISBN 13 :
Total Pages : 620 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis An Introduction to the Constitutional Law of the United States by : John Norton Pomeroy

Download or read book An Introduction to the Constitutional Law of the United States written by John Norton Pomeroy and published by . This book was released on 1883 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Conscience

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Publisher : University of Chicago Press
ISBN 13 : 0226677303
Total Pages : 161 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis Constitutional Conscience by : H. Jefferson Powell

Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.

How Our Laws are Made

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Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis How Our Laws are Made by : John V. Sullivan

Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Living Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199703698
Total Pages : 171 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The New Right v. The Constitution

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Author :
Publisher : Cato Institute
ISBN 13 : 1937184250
Total Pages : 141 pages
Book Rating : 4.9/5 (371 download)

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Book Synopsis The New Right v. The Constitution by : Stephen Macedo

Download or read book The New Right v. The Constitution written by Stephen Macedo and published by Cato Institute. This book was released on 1997-08-01 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps the most enduring legacy of the Reagan administration will be the conservative judges it has placed on the Supreme Court and other federal courts. In this provocative essay, Harvard political scientist Stephen Macedo warns that the New Right's "Jurisprudence of Orginal Intent" seems to put untrammeled majoritarianism in place of constitutionally guaranteed liberties. Macedo accuses the New Right of "moral skepticism in the service of majoritarianism" and proposed instead a principled judicial activisim that interprets the Constitution as a charter of liberties protecting individual freedom against a whole range of legislative and executive assaults. Macedo's defense of constitutional liberties sharply challenges constitional theorists of both left and right.

Constitutional Law in Malta

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Publisher : Kluwer Law International B.V.
ISBN 13 : 940353477X
Total Pages : 428 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Constitutional Law in Malta by : Ivan Mifsud

Download or read book Constitutional Law in Malta written by Ivan Mifsud and published by Kluwer Law International B.V.. This book was released on 2023-10-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Malta provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Malta will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Commentaries on the Constitution of the United States

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Publisher :
ISBN 13 :
Total Pages : 780 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Commentaries on the Constitution of the United States by : Joseph Story

Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1851 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corpus Juris

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Publisher :
ISBN 13 :
Total Pages : 1376 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis Corpus Juris by : William Mack

Download or read book Corpus Juris written by William Mack and published by . This book was released on 1917 with total page 1376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tax Law, State-Building and the Constitution

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509923551
Total Pages : 208 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Tax Law, State-Building and the Constitution by : Dominic de Cogan

Download or read book Tax Law, State-Building and the Constitution written by Dominic de Cogan and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph looks at how tax is intertwined with constitutional law and the state in the UK. It looks at a variety of topics including tax devolution, scrutiny and reform of tax legislation, the protection of taxpayers and the domestic legal processing of international rules and problems. Tax Law, State-Building and the Constitution presents and interrogates five key claims. First, there is a clear overlap between the concerns of tax and constitutional lawyers. Secondly, the tax system is being deeply affected by the fast pace of constitutional change. Thirdly, decisions taken in the tax field are likely to have a reverse influence on the evolution of the constitution. Fourthly, these relationships are heavily context-dependent, with tax making all the difference to some ongoing constitutional controversies whilst having very little to do with others. Fifthly, by acknowledging tax as an important moving part within the contemporary constitution we might understand both tax and constitutional law a little better. The book therefore contributes to deeper theoretical debates on the identity of tax law as a discipline, the relevance of tax to public lawyers, the meaning of state-building in the recent history of a developed country and the importance of public finances to a wider sense of 'what is going on'. These are questions that ought to command the attention of tax and constitutional law academics as well as policy makers and reformers.

The Constitutional Jurisprudence of the Federal Republic of Germany

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Author :
Publisher : Duke University Press
ISBN 13 : 9780822318385
Total Pages : 656 pages
Book Rating : 4.3/5 (183 download)

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Book Synopsis The Constitutional Jurisprudence of the Federal Republic of Germany by : Donald P. Kommers

Download or read book The Constitutional Jurisprudence of the Federal Republic of Germany written by Donald P. Kommers and published by Duke University Press. This book was released on 1997 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.

The Constitutional Law of the Gambia

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Author :
Publisher : AuthorHouse
ISBN 13 : 1467007404
Total Pages : 405 pages
Book Rating : 4.4/5 (67 download)

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Book Synopsis The Constitutional Law of the Gambia by : Ousman A. S. Jammeh

Download or read book The Constitutional Law of the Gambia written by Ousman A. S. Jammeh and published by AuthorHouse. This book was released on 2011 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: