Constitutional Triumphs, Constitutional Disappointments

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108246362
Total Pages : 471 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Constitutional Triumphs, Constitutional Disappointments by : Rosalind Dixon

Download or read book Constitutional Triumphs, Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.

Restoring the Lost Constitution

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Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Socio-economic Rights

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Author :
Publisher : Juta and Company Ltd
ISBN 13 : 9780702184802
Total Pages : 572 pages
Book Rating : 4.1/5 (848 download)

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Book Synopsis Socio-economic Rights by : Sandra Liebenberg

Download or read book Socio-economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

America's Constitution

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Publisher : Random House
ISBN 13 : 1588364879
Total Pages : 672 pages
Book Rating : 4.5/5 (883 download)

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Book Synopsis America's Constitution by : Akhil Reed Amar

Download or read book America's Constitution written by Akhil Reed Amar and published by Random House. This book was released on 2012-02-29 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

Ratification

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Author :
Publisher : Simon and Schuster
ISBN 13 : 0684868555
Total Pages : 608 pages
Book Rating : 4.6/5 (848 download)

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Book Synopsis Ratification by : Pauline Maier

Download or read book Ratification written by Pauline Maier and published by Simon and Schuster. This book was released on 2011-06-07 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.

Novus Ordo Seclorum

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Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Novus Ordo Seclorum by : Forrest McDonald

Download or read book Novus Ordo Seclorum written by Forrest McDonald and published by . This book was released on 1985 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism

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.

Madison’s Hand

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Publisher : Harvard University Press
ISBN 13 : 0674055276
Total Pages : 383 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Madison’s Hand by : Mary Sarah Bilder

Download or read book Madison’s Hand written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2015-10-19 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: No document depicts the Constitutional Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with the force of Madison’s Notes. But how reliable is this account? Drawing on digital technologies and textual analysis, Mary Sarah Bilder reveals that Madison revised to a far greater extent than previously recognized.

Comparative Constitutional Law in Latin America

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785369210
Total Pages : 384 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Constitutional Law in Latin America by : Rosalind Dixon

Download or read book Comparative Constitutional Law in Latin America written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.

Constitutional Identity and Constitutionalism in Africa

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Publisher : Oxford University Press
ISBN 13 : 0198906307
Total Pages : 353 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis Constitutional Identity and Constitutionalism in Africa by : Charles M Fombad

Download or read book Constitutional Identity and Constitutionalism in Africa written by Charles M Fombad and published by Oxford University Press. This book was released on 2024-05-22 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book in the Stellenbosch Handbooks in African Constitutional Law series provides a critical analysis of existing paradigms, concepts, and normative ideologies of modern African constitutional identity.

Transnational Constitution Making

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Publisher : Taylor & Francis
ISBN 13 : 1040035752
Total Pages : 228 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Transnational Constitution Making by : Alicia Pastor y Camarasa

Download or read book Transnational Constitution Making written by Alicia Pastor y Camarasa and published by Taylor & Francis. This book was released on 2024-06-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

Constitutionalism in Context

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Author :
Publisher :
ISBN 13 : 1108674267
Total Pages : 612 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Constitutionalism in Context by : David S. Law

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Constitutional Resilience in South Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509948864
Total Pages : 536 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Resilience in South Asia by : Swati Jhaveri

Download or read book Constitutional Resilience in South Asia written by Swati Jhaveri and published by Bloomsbury Publishing. This book was released on 2023-06-01 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.

Comparative Constitutional Law in Africa

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1839106891
Total Pages : 419 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Comparative Constitutional Law in Africa by : Rosalind Dixon

Download or read book Comparative Constitutional Law in Africa written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2022-12-06 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.

Debates on the Adoption of the Federal Constitution

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Publisher :
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.X/5 (1 download)

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Book Synopsis Debates on the Adoption of the Federal Constitution by : Jonathan Elliot

Download or read book Debates on the Adoption of the Federal Constitution written by Jonathan Elliot and published by . This book was released on 1987 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Executive Decision-Making and the Courts

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509930345
Total Pages : 479 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Executive Decision-Making and the Courts by : TT Arvind

Download or read book Executive Decision-Making and the Courts written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.

Responsive Judicial Review

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Publisher : Oxford University Press
ISBN 13 : 0192689711
Total Pages : 321 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Responsive Judicial Review by : Rosalind Dixon

Download or read book Responsive Judicial Review written by Rosalind Dixon and published by Oxford University Press. This book was released on 2023-01-18 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions—through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak – strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.