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Constitutional Reason Of State
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Book Synopsis Constitutional Reason of State by : Carl Joachim Friedrich
Download or read book Constitutional Reason of State written by Carl Joachim Friedrich and published by Pickle Partners Publishing. This book was released on 2018-12-05 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE PRESENT STUDY proposes to explore the history of the problem of ‘reason of state’ in a constitutional political order. The writers treated belong among the ‘great’ in modern political thought and therefore it is not and cannot be a question of dealing with the integral thought of the writers here examined. All we can hope to do is to seek out those aspects which bear more immediately upon this particular problem. Ratio status,—the very term shows that we are moving within the context of the great tradition of Western rationalism, where everything has its particular ratio or inner rationale which it behoves the mind to grasp and to understand. For the idea of such rationes is prominent in the Middle Ages,—an aspect of the matter which receives scant attention in Friedrich Meinecke’s magistral treatment of the subject Die Idee der Staatsräson in der Neueren Geschichte published in 1925 and by now become something of a classic. Perhaps partly because of his lack of sympathy for this rational basis of the idea which he was discussing, he also paid scant attention to that aspect of it which we are particularly concerned with here: reason of state in its application to the government of law, the constitutional order, in short ‘constitutional reason of state’ or more precisely ‘reason of the constitutional state.’
Book Synopsis The Principles of Constitutionalism by : N. W. Barber
Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Book Synopsis Constitutional Reason of State by : Carl Joachim Friedrich
Download or read book Constitutional Reason of State written by Carl Joachim Friedrich and published by . This book was released on 1957 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reason of State by : Thomas M. Poole
Download or read book Reason of State written by Thomas M. Poole and published by Cambridge University Press. This book was released on 2015-07-20 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original work on the important idea of reason of state and British and imperial history and constitutional theory.
Book Synopsis Constitutional Reason of State by : Thomas M. Poole
Download or read book Constitutional Reason of State written by Thomas M. Poole and published by . This book was released on 2015 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper defends reason of state as an explanatory category. It begins with an analysis of the law relating to the prerogative, before observing that prerogative cases are much less typical today than an expanding suite of cases involving related matters but where the power in question is sourced in statute or the constitution. The long-term historical narrative towards the constitutionalization of reserve powers can thus be expressed as a move from a princely model of reason of state, epitomized by prerogative, to a polity or law-based model of reason of state, whose characteristic form is statute. Locke's analysis of prerogative is seen as a classic early-modern account of the princely model. Hobbes's state theory provides the basic script of the polity model, but it is in the republican theorists of the same period, notably Harrington, that we see a recognizably modern concern to normalize reason of state through constitutional and institutional design. The paper then takes issue with modern liberals who follow Hayek in wanting to remove the concept of reason of state from constitutional politics altogether. Such an approach can only work if the state is itself made to vanish, or if a liberal state disengages from interaction with other states. Neither option is plausible. The paper ends with a reflection on the value of the category of reason of state for constitutional theory.
Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Book Synopsis Constitutional Reason of State, the Survival of the Constitutional Order. C. J. Friedrich by : Carl J. Freidrich
Download or read book Constitutional Reason of State, the Survival of the Constitutional Order. C. J. Friedrich written by Carl J. Freidrich and published by . This book was released on 1957 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Reason of State. The Survival of the Constitutional Order. The Colver Lectures in Brown University, 1956 by : Carl Joachim Friedrich
Download or read book Constitutional Reason of State. The Survival of the Constitutional Order. The Colver Lectures in Brown University, 1956 written by Carl Joachim Friedrich and published by . This book was released on 1957 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis CONSTITUTIONAL REASON OF STATE DT. by : Carl J. Friedrich
Download or read book CONSTITUTIONAL REASON OF STATE DT. written by Carl J. Friedrich and published by . This book was released on 1961 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The American State Constitutional Tradition by : John J. Dinan
Download or read book The American State Constitutional Tradition written by John J. Dinan and published by University Press of Kansas. This book was released on 2006-04-14 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: For too long, the American constitutional tradition has been defined solely by the U.S. Constitution drafted in 1787. Yet constitutional debates at the state level open a window on how Americans, in different places and at different times, have chosen to govern themselves. From New Hampshire in 1776 to Louisiana in 1992, state constitutional conventions have served not only as instruments of democracy but also as forums for revising federal principles and institutions. In The American State Constitutional Tradition, John Dinan shows that state constitutions are much more than mere echoes of the federal document. The first comprehensive study of all 114 state constitutional conventions for which there are recorded debates, his book shows that state constitutional debates in many ways better reflect the accumulated wisdom of American constitution-makers than do the more traditional studies of the federal constitution. Wielding extraordinary command over a mass of historical detail, Dinan clarifies the alternatives considered by state constitution makers and the reasons for the adoption or rejection of various governing principles and institutions. Among other things, he shows that the states are nearly universal in their rejection of the rigid federal model of the constitutional amendment process, favoring more flexible procedures for constitutional change; they often grant citizens greater direct participation in law-making; they have debated and at times rejected the value of bicameralism; and they have altered the veto powers of both the executive and judicial branches. Dinan also shows that, while the Founders favored a minimalist design and focused exclusively on protecting individuals from government action, state constitution makers have often adopted more detailed constitutions, sometimes specifying positive rights that depend on government action for their enforcement. Moreover, unlike the federal constitution, state constitutions often contain provisions dedicated to the formation of citizen character, ranging from compulsory schooling to the regulation of gambling or liquor. By integrating state constitution making with the federal constitutional tradition, this path-breaking work widens and deepens our understanding of the principles by which we've chosen to govern ourselves.
Book Synopsis States of Exception in American History by : Gary Gerstle
Download or read book States of Exception in American History written by Gary Gerstle and published by University of Chicago Press. This book was released on 2020-10-19 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
Download or read book Reason of State written by and published by . This book was released on 2015 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Reason of State by : Giovanni Botero
Download or read book The Reason of State written by Giovanni Botero and published by . This book was released on 2003-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis State Constitutional Law by : Randy James Holland
Download or read book State Constitutional Law written by Randy James Holland and published by Ingram. This book was released on 2015-12-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains and illustrates how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts'' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court''s interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State''s constitution in detail but that considers the kinds of provisions found in many state charters. Like a traditional contracts, real property or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use the most salient example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practice effectively in it.
Book Synopsis Constitutional Self-Government by : Christopher L. Eisgruber
Download or read book Constitutional Self-Government written by Christopher L. Eisgruber and published by Harvard University Press. This book was released on 2001-09-30 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most of us regard the Constitution as the foundation of American democracy. How, then, are we to understand the restrictions that it imposes on legislatures and voters? Why, for example, does the Constitution allow unelected judges to exercise so much power? And why is this centuries-old document so difficult to amend? In short, how can we call ourselves a democracy when we are bound by an entrenched, and sometimes counter-majoritarian, constitution? In Constitutional Self-Government, Christopher Eisgruber focuses directly on the Constitution's seemingly undemocratic features. Whereas other scholars have tried to reconcile these features with majority rule, or simply acknowledged them as necessary limits on democracy, Eisgruber argues that constitutionalism is best regarded not as a constraint upon self-government, but as a crucial ingredient in a complex, non-majoritarian form of democracy. In an original and provocative argument, he contends that legislatures and elections provide only an incomplete representation of the people, and he claims that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice. At a pivotal moment of worldwide interest in judicial review and renewed national controversy over the Supreme Court's role in politics, Constitutional Self-Government ingeniously locates the Constitution's value in its capacity to sustain an array of institutions that render self-government meaningful for a large and diverse people.
