Constitutional Renaissance

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Comparative Matters

Author : Ran Hirschl
Publisher :
ISBN 13 : 0198714513
Total Pages : 317 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Comparative Matters by : Ran Hirschl

Download or read book Comparative Matters written by Ran Hirschl and published by . This book was released on 2014 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Constitutional Renaissance

Author : Richard Monts
Publisher : Xlibris Corporation
ISBN 13 : 1543445144
Total Pages : 155 pages
Book Rating : 4.5/5 (434 download)

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Book Synopsis Constitutional Renaissance by : Richard Monts

Download or read book Constitutional Renaissance written by Richard Monts and published by Xlibris Corporation. This book was released on 2017-08-18 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you had enough? When will the United States government stop growing? All constitutionally enumerated activities should have been in place long ago. There should be no more expansion in scope, yet there is. What we have now is an overbearing out-of-control central government—expanding far beyond constitutional limits—imposing on member states’ sovereignty. The result is a reduction in competition among states, a stifling business environment, and citizens and businesses suffering under complex taxation and regulations. On top of that, a litigious environment depresses economic activity further. There is an alternative! This book presents one that is very business friendly, establishes competition among the states, and provides a positive environment for the individual to strive for their potential while honoring the genius of the Constitution.

It's Ok to Say "God"

Author : Tad Armstrong
Publisher : WestBow Press
ISBN 13 : 1449729851
Total Pages : 368 pages
Book Rating : 4.4/5 (497 download)

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Book Synopsis It's Ok to Say "God" by : Tad Armstrong

Download or read book It's Ok to Say "God" written by Tad Armstrong and published by WestBow Press. This book was released on 2011-11-18 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Founders would not recognize todays America. Christianity is under attack as never before. My career as a Baptist minister and as chaplain of the Texas House of Representatives has, in a sense, taken me to both sides of Jeffersons metaphorical wall of separation. Mr. Armstrong puts it a bit differently: There should be at least a short fence of separation between Caesar and God. If the divider falls, government will strong-arm religion. Instead of relying on sound bites, headlines, and e-mails, he takes you straight to the Supreme Court opinions that have shaped the religion clauses of the First Amendment. You will likely be very surprised at what you find. Its OK to Say God brings the Constitution back to Main Street where it belongs. His commentary is both eye-opening and refreshing. His suggestions of how Christians should respond to the culture war focus more on fulfilling the mission of Jesus Christ than on whether a nativity scene or a Menorah should win the favor of the courts at Christmas. Whether you decide to implement his suggestions in your life or not, Mr. Armstrong is most concerned that all Americans stop living in ignorance of these most important laws of our land. Learn as a familydiscuss these truths with your children and grandchildrenand start living your faith out loud, for contrary to false rumor, it really is OK to bring God back into our culture and back into our government. Tad will show you the way. Pastor R.B. Hall, former chaplain of the Texas House of Representatives

Constitutional Morality and the Rise of Quasi-Law

Author : Bruce P. Frohnen
Publisher : Harvard University Press
ISBN 13 : 0674968921
Total Pages : 304 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Constitutional Morality and the Rise of Quasi-Law by : Bruce P. Frohnen

Download or read book Constitutional Morality and the Rise of Quasi-Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.

Comparative Matters

Author : Ran Hirschl
Publisher : OUP Oxford
ISBN 13 : 0191023892
Total Pages : 226 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Comparative Matters by : Ran Hirschl

Download or read book Comparative Matters written by Ran Hirschl and published by OUP Oxford. This book was released on 2014-08-14 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Custom, Common Law, and the Constitution of English Renaissance Literature

Author : Stephanie Elsky
Publisher : Oxford University Press
ISBN 13 : 0192605844
Total Pages : 240 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Custom, Common Law, and the Constitution of English Renaissance Literature by : Stephanie Elsky

Download or read book Custom, Common Law, and the Constitution of English Renaissance Literature written by Stephanie Elsky and published by Oxford University Press. This book was released on 2020-09-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Custom, Common Law, and the Constitution of English Renaissance Literature argues that, ironically, custom was a supremely generative literary force for a range of Renaissance writers. Custom took on so much power because of its virtual synonymity with English common law, the increasingly dominant legal system that was also foundational to England's constitutionalist politics. The strange temporality assigned to legal custom, that is, its purported existence since 'time immemorial', furnished it with a unique and paradoxical capacity—to make new and foreign forms familiar. This volume shows that during a time when novelty was suspect, even insurrectionary, appeals to the widespread understanding of custom as a legal concept justified a startling array of fictive experiments. This is the first book to reveal fully the relationship between Renaissance literature and legal custom. It shows how writers were able to reimagine moments of historical and cultural rupture as continuity by appealing to the powerful belief that English legal custom persisted in the face of conquests by foreign powers. Custom, Common Law, and the Constitution of English Renaissance Literature thus challenges scholarly narratives in which Renaissance art breaks with a past it looks back upon longingly and instead argues that the period viewed its literature as imbued with the aura of the past. In this way, through experiments in rhetoric and form, literature unfolds the processes whereby custom gains its formidable and flexible political power. Custom, a key concept of legal and constitutionalist thought, shaped sixteenth-century literature, while this literature, in turn, transformed custom into an evocative mythopoetic.

Constitutional Theocracy

Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 0674264452
Total Pages : 315 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Constitutional Theocracy by : Ran Hirschl

Download or read book Constitutional Theocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2010-11-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.

On Reading the Constitution

Author : Laurence H. TRIBE
Publisher : Harvard University Press
ISBN 13 : 0674044452
Total Pages : 157 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis On Reading the Constitution by : Laurence H. TRIBE

Download or read book On Reading the Constitution written by Laurence H. TRIBE and published by Harvard University Press. This book was released on 2009-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Constitutional Renaissance

Author : Richard R. Monts
Publisher : Tate Publishing & Enterprises
ISBN 13 : 9781631228315
Total Pages : 220 pages
Book Rating : 4.2/5 (283 download)

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Book Synopsis Constitutional Renaissance by : Richard R. Monts

Download or read book Constitutional Renaissance written by Richard R. Monts and published by Tate Publishing & Enterprises. This book was released on 2014-07-08 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gwen has a different expression on her face as if a light bulb has turned on. Her eyes are gazing off in the distance. Her mind is running at an amazing pace. Mary notices Gwen is not focused on the present and asks in a puzzled affirmative tone, ""Are you all right Gwen?"" Gwen blinks her eyes several times and her mind comes back to focus on Mary. Gwen is a naive and unattractive nurse who leads a very uneventful life but does have dreams. She makes a mistake which in turn sets her up to be infatuated with and used by Ronnie, a charming conniving playboy, which in turn leads to an even bigger mistake. Gwen eventually turns her life around and starts an amazing adventure. Ronnie and Gwen both start living their dream, but whose dream will last? Before she knows it Gwen is in search of A Little Sweet Revenge.

Constitutional Domains

Author : Robert Post
Publisher : Harvard University Press
ISBN 13 : 9780674165458
Total Pages : 484 pages
Book Rating : 4.1/5 (654 download)

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Book Synopsis Constitutional Domains by : Robert Post

Download or read book Constitutional Domains written by Robert Post and published by Harvard University Press. This book was released on 1995-03-19 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.

Constitutional Choices

Author : Laurence H. Tribe
Publisher :
ISBN 13 : 9780674165397
Total Pages : 0 pages
Book Rating : 4.1/5 (653 download)

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Book Synopsis Constitutional Choices by : Laurence H. Tribe

Download or read book Constitutional Choices written by Laurence H. Tribe and published by . This book was released on 1985 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the ruling premises underlying many of the Supreme Court's positions on fundamental issues of government authority and individual rights, Tribe shows how the Court is increasingly coming to resemble a judicial Office of Management and Budget, straining constitutional discourse through a managerial sieve to defend its constitutional rulings. Tribe explains how the Court's "calculus" systematically excludes basic concerns about the distribution of wealth and power and conceals fundamental choices about the American polity. Calling for a more candid confrontation of those choices, Tribe exposes what has gone wrong and suggests how the Court can reclaim the historic role entrusted to it by the Constitution. ISBN 0-674-16538-1: $29.95.

Constitutional Redemption

Author : J. M. Balkin
Publisher : Harvard University Press
ISBN 13 : 0674058747
Total Pages : 305 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Redemption by : J. M. Balkin

Download or read book Constitutional Redemption written by J. M. Balkin and published by Harvard University Press. This book was released on 2011-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

Originalism and the Good Constitution

Author : John O. McGinnis
Publisher : Harvard University Press
ISBN 13 : 067472626X
Total Pages : 309 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

Constitutional Construction

Author : Keith E. Whittington
Publisher : Harvard University Press
ISBN 13 : 0674045157
Total Pages : 315 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Construction by : Keith E. Whittington

Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Constitutional Renaissance

Author : Richard Monts (R.)
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis Constitutional Renaissance by : Richard Monts (R.)

Download or read book Constitutional Renaissance written by Richard Monts (R.) and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have you had enough? When will the United States government stop growing? All constitutionally enumerated activities should have been in place long ago. There should be no more expansion in scope, yet there is. What we have now is an overbearing out-of-control central government--expanding far beyond constitutional limits--imposing on member states' sovereignty. The result is a reduction in competition among states, a stifling business environment, and citizens and businesses suffering under complex taxation and regulations. On top of that, a litigious environment depresses economic activity further. There is an alternative! This book presents one that is very business friendly, establishes competition among the states, and provides a positive environment for the individual to strive for their potential while honoring the genius of the Constitution.

Constitutional Identity

Author : Gary J. Jacobsohn
Publisher : Harvard University Press
ISBN 13 : 0674047664
Total Pages : 389 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Identity by : Gary J. Jacobsohn

Download or read book Constitutional Identity written by Gary J. Jacobsohn and published by Harvard University Press. This book was released on 2010-10-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.

Comparative Matters

Author : Ran Hirschl
Publisher :
ISBN 13 : 9780191791215
Total Pages : 304 pages
Book Rating : 4.7/5 (912 download)

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Book Synopsis Comparative Matters by : Ran Hirschl

Download or read book Comparative Matters written by Ran Hirschl and published by . This book was released on 2014 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.