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Constitutional Foundations
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Book Synopsis American Public Service by : Sheila Suess Kennedy
Download or read book American Public Service written by Sheila Suess Kennedy and published by Jones & Bartlett Learning. This book was released on 2011-08-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of ethics in public administration are increasingly in the news, where commentators seem too often detached from the sources of those ethics and their application to current political conflicts. American Public Service: Constitutional and Ethical Foundations examines public administration ethics as contextualized by constitutional, legal, and political values within the United States. Through case studies, hypothetical examples, and an easy-to-read discussion format, the authors explore what these values mean for specific duties of government managers and for the resolution of many contemporary issues confronting public sector officials. Key Features: • Describes the philosophical underpinnings of the Constitution and the Bill of Rights • Identifies the values that anchor and define what government and public administrators should do. • Indicates where these values fit into a framework for moral decision-making in the public sector, and how they apply to discussions of current controversies in public administration. • Written by authors with rich experience as both lawyers and academics in public administration programs.
Book Synopsis Social and Political Foundations of Constitutions by : Denis J. Galligan
Download or read book Social and Political Foundations of Constitutions written by Denis J. Galligan and published by Cambridge University Press. This book was released on 2013-10-14 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.
Book Synopsis Constitutionalizing World Politics by : Karolina M. Milewicz
Download or read book Constitutionalizing World Politics written by Karolina M. Milewicz and published by Cambridge University Press. This book was released on 2020-07-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
Book Synopsis Desperately Seeking Certainty by : Daniel A. Farber
Download or read book Desperately Seeking Certainty written by Daniel A. Farber and published by University of Chicago Press. This book was released on 2004-03-01 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
Book Synopsis The Foundations of American Constitutional Government by : Robert D. Gorgoglione
Download or read book The Foundations of American Constitutional Government written by Robert D. Gorgoglione and published by . This book was released on 1995 with total page 316 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 210 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 Political Foundations of Judicial Supremacy by : Keith E. Whittington
Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Book Synopsis Social and Political Foundations of Constitutions by : Denis J. Galligan
Download or read book Social and Political Foundations of Constitutions written by Denis J. Galligan and published by Cambridge University Press. This book was released on 2013-10-14 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
Book Synopsis The Foundations of the Constitution by : David Hutchison
Download or read book The Foundations of the Constitution written by David Hutchison and published by . This book was released on 1928 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Corwin on the Constitution by : Edward S. Corwin
Download or read book Corwin on the Constitution written by Edward S. Corwin and published by Cornell University Press. This book was released on 2019-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward S. Corwin is the twentieth century's most eminent commentator on the Constitution. Unfortunately, he died before he could write the single definitive work on the Constitution he had planned. In three volumes, of which this is the first, Richard Loss has edited and introduced major essays by Corwin that best delineate his argument in political thought and constitutional law. The essays in Volume One examine the foundations of American political and constitutional thought, the powers of Congress, and the President's power of removal. Corwin addresses topics that vary from "The Worship of the Constitution" to "The Constitution as Instrument and Symbol." He discusses the lessons of the Constitutional Convention of 1787, takes up the relationship of the Constitution to New Deal democracy, and examines democratic dogma and political science. A fascinating essay treating the theory of evolution shows how this idea replaced the idea of natural law in American constitutional tradition. Loss's introduction provides a biographical sketch of Corwin, elaborates and appraises his argument and characterizes Corwin's legacy to the present generation of scholars. Loss shows that far from ending debate, Corwin's essays on political thought and the removal power establish an intellectual agenda for further inquiry into the tenets of constitutional law. In an epilogue Loss deals with Corwin's understanding of Alexander Hamilton's position on the President's removal power, an important topic involving not only presidential prerogative, but the comparative rank of Hamilton's Federalist papers on the presidency and Hamilton's Pacificus letters. Corwin on the Constitution will be of particular interest to judges, historians, law teachers, political scientists, students of constitutional law and American political thought.
Book Synopsis The Collected Works of James M. Buchanan by : James M. Buchanan
Download or read book The Collected Works of James M. Buchanan written by James M. Buchanan and published by . This book was released on 2002 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: An index to the series "The Collected works of James M. Buchanan."
Book Synopsis The Foundations of American Constitutionalism by : Andrew Cunningham McLaughlin
Download or read book The Foundations of American Constitutionalism written by Andrew Cunningham McLaughlin and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study locates the principles of the United States Constitution in the political philosophy of colonial New England, Puritan practices and the ideals of English personal rights and limited government common to all of the colonies.
Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella
Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Book Synopsis New Media and Freedom of Expression by : András Koltay
Download or read book New Media and Freedom of Expression written by András Koltay and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
Book Synopsis The Constitutional Foundations of Intellectual Property by : Randolph J. May
Download or read book The Constitutional Foundations of Intellectual Property written by Randolph J. May and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection of intellectual property (IP) rights is indispensable to maintaining a vibrant economy, especially in the digital age as creativity and innovation increasingly take intangible forms. Long before the digital age, however, the U.S. Constitution secured the IP rights of authors and inventors to the fruits of their labors. The essays in this book explore the foundational underpinnings of intellectual property that informed the Constitution of 1787, and it explains how these concepts informed the further development of IP rights from the First Congress through Reconstruction. The essays address the contributions of figures such as John Locke, George Washington, James Madison, Thomas Jefferson, Noah Webster, Joseph Story, Daniel Webster, and Abraham Lincoln to the development of IP rights within the context of American constitutionalism. Claims that copyrights and patents are not property at all are in fashion in some quarters. This book''s essays challenge those dubious claims. Unlike other works that offer a strictly pragmatic or utilitarian defense of IP rights, this book seeks to recover the Constitution''s understanding of IP rights as ultimately grounded in the natural rights of authors and inventors. "A fascinating, illuminating and insightful exploration of the roots of intellectual property law in America. Essential for students, teachers and practitioners in the field. Intellectually sound and highly readable." -- Theodore Olson, Solicitor General of the United States, 2001-2004 "The current proposals for copyright and patent reform are often stated in an impatient manner, as if there were only one side to a difficult problem. It is therefore refreshing to have this book by Randolph May and Seth Cooper that offers a careful and instructive exploration of the larger natural law foundations of modern intellectual property law and shows how the traditional concerns of the natural lawyers lend added weight to the soundness of the current IP system." -- Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law "Given the importance of the protection of intellectual property rights to our nation''s economy and to innovation and investment, this book addressing the constitutional foundations and philosophical underpinnings of IP rights provides a valuable antidote to the all too prevalent and damaging populist view that ''information wants to be free.''" -- Robert Atkinson, President, Information Innovation & Technology Foundation "I loved the book, and I hope it finds a large audience. Over the years, I''ve had many people tell me my interpretation of the Constitution''s Intellectual Property Clause was wrong. Hopefully, this new book by Randolph May and Seth Cooper, with its scholarly yet highly readable treatment, will refocus the debate about IP rights on first principles and our Founders'' intentions." -- Marybeth Peters, Register of Copyrights of the United States, 1994-2011 "This is an essential volume for anyone who cares about the Constitution and intellectual property. The Framers thought intellectual property was important enough to provide for its protection expressly in the Constitution. This book provides invaluable insights into the Framers'' decision and should inform contemporary debates about the nature of that protection." -- Paul Clement, Solicitor General of the United States, 2005-2008 "Randolph May and Seth Cooper have authored a welcome addition to the literature on intellectual property rights. Well-researched and clearly written, this book provides an invaluable historical perspective that will contribute significantly to the ongoing debates about the conceptual underpinnings of copyright and patent law." -- Cary Sherman, Chairman and CEO of RIAA "Finally, two talented authors add intellectual heft to the ongoing debate about the true nature of copyright--as an exclusive private property right, or as a limited right to be doled out stingily, riddled with exceptions and limitations, to be given away free-of-charge. It has become fashionable in some academic circles to treat copyright exclusivity as a quaint but outmoded notion, and its advocates as hopeless naïfs. But Mr. May and Mr. Cooper, by going back to first principles and natural rights, show us that an exclusive property right is at the heart of copyright protection. Their learned analysis should be widely read, especially by Members of Congress and judges, to help them understand the true nature of the debate and the deep roots of the copyright pedigree as a natural private property right--historically unique, socially revolutionary, and worth fighting for. Three cheers for Messrs. May and Cooper!" -- Ralph Oman, Register of Copyrights of the United States, 1985-1993 "The natural rights approach that May and Cooper take has not disappeared entirely from copyright discourse these days. One hears hints of it in court opinions and policy statements, and a few intrepid academics write from such a perspective, including, for example, Adam Mossof and Mark Schultz, who are mentioned in the book''s acknowledgements. But May and Cooper have written a thorough recitation of how copyright is justified under a natural rights theory and how that justification is reflected in US law--and a project of such scope is increasingly rare...May and Cooper have contributed an excellent primer on the natural rights justification for intellectual property rights in the US and its reflection in the Constitution and early American jurisprudence." -- Terry Hart, Copyhype "May and Cooper''s book is written by academics for academics, though it is entirely accessible to any reader, if constitutional scholarship on intellectual property is your cup of post-revolutionary tea, so to speak." -- David Newhoff, The Illusion of More
Book Synopsis Foundations of American Constitutionalism by : David A. J. Richards
Download or read book Foundations of American Constitutionalism written by David A. J. Richards and published by Oxford University Press. This book was released on 1989-12-14 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.
Book Synopsis Philosophical Foundations of Constitutional Law by : David Dyzenhaus
Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.
