Constitutionalism Executive Power And The Spirit Of Moderation

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Constitutionalism, Executive Power, and the Spirit of Moderation

Author : Giorgi Areshidze
Publisher : SUNY Press
ISBN 13 : 1438460414
Total Pages : 418 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Constitutionalism, Executive Power, and the Spirit of Moderation by : Giorgi Areshidze

Download or read book Constitutionalism, Executive Power, and the Spirit of Moderation written by Giorgi Areshidze and published by SUNY Press. This book was released on 2016-05-20 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, The Role of Courts in Constitutional Democracy, analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, Law and Executive Authority, reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, Liberal Education, Constitutionalism, and Philosophic Moderation, shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century - when it was indispensable to the founders of the American republic - through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers - and with "A Model of a Theory of Constitutionalism."

The Reopening of the American Mind

Author : James W. Vice
Publisher : BRILL
ISBN 13 : 9004495169
Total Pages : 294 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Reopening of the American Mind by : James W. Vice

Download or read book The Reopening of the American Mind written by James W. Vice and published by BRILL. This book was released on 2021-11-15 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Reopening of the American Mind: On Skepticism and Constitutionalism explores the connection of moderate skepticism with attachment to constitutionalism through the thought of five writers. The features of this skepticism were concisely delineated by James Madison in the 37th Federalist as a recognition of the complexity of political matters, the limitations of human reason, and the shortcomings of language. The position was first articulated by Cicero who connected it with the idea of a mixed or republican constitution developed by trial and error over generations. Cicero was influential in the world of David Hume, Edmund Burke, and Madison. The skeptical/constitutional connection found its most articulate recent advocate in Supreme Court Justice Felix Frankfurter and underlay his advocacy of judicial restraint. Current events have revived interest in the primacy of the legislative branch in balancing interests and rights, in the States as laboratories for democracy, and in an experimental approach to the solution of social problems in what might be called a reopening of the American mind. The five central chapters explore the skeptical/constitutional connection and the spirit of moderation in these political thinkers. Without an appreciation of this tradition of avoiding dogmatism, people will continue to demand simple answers to complex problems. The book is not, however, primarily a tract for the times but a reflection on the on-going search for a more civil world.

The Supreme Court and the Idea of Constitutionalism

Author : Steven Kautz
Publisher : University of Pennsylvania Press
ISBN 13 : 081220607X
Total Pages : 327 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Supreme Court and the Idea of Constitutionalism by : Steven Kautz

Download or read book The Supreme Court and the Idea of Constitutionalism written by Steven Kautz and published by University of Pennsylvania Press. This book was released on 2011-11-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.

Presidential Power, Rhetoric, and the Terror Wars

Author : Alexander Hiland
Publisher : Rowman & Littlefield
ISBN 13 : 1498598269
Total Pages : 255 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Presidential Power, Rhetoric, and the Terror Wars by : Alexander Hiland

Download or read book Presidential Power, Rhetoric, and the Terror Wars written by Alexander Hiland and published by Rowman & Littlefield. This book was released on 2019-10-21 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidential Power, Rhetoric, and the Terror Wars: The Sovereign Presidency argues that the War on Terror provided an opportunity to fundamentally change the presidency. Alexander Hiland analyzes the documents used to exercise presidential powers, including executive orders, signing statements, and presidential policy directives. Treating these documents as genres of speech-act that are ideologically motivated, Hiland provides a rhetorical criticism that illuminates the values and political convictions at play in these documents. This book reveals how both President George W. Bush and President Barack Obama wielded the personal power of the office to dramatically expand the power of the executive branch. During the War on Terror, the presidency shifted from an imperial form that avoided checks and balances, to a sovereign presidency where the executive branch had the ability to decide whether those checks and balances existed. As a result, Hiland argues that this shift to the sovereign presidency enabled the violation of human rights, myriad policy mistakes, and the degradation of democracy within the United States.

Agendas and Decisions

Author : Dorothy F. Olshfski
Publisher : State University of New York Press
ISBN 13 : 079147898X
Total Pages : 170 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis Agendas and Decisions by : Dorothy F. Olshfski

Download or read book Agendas and Decisions written by Dorothy F. Olshfski and published by State University of New York Press. This book was released on 2009-01-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies how state-level public executives and managers in Tennessee decide and implement policy.

The New Commonwealth Model of Constitutionalism

Author : Stephen Gardbaum
Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

On Executive Power in Great States

Author : Jacques Necker
Publisher : Liberty Fund
ISBN 13 : 9780865979130
Total Pages : 416 pages
Book Rating : 4.9/5 (791 download)

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Book Synopsis On Executive Power in Great States by : Jacques Necker

Download or read book On Executive Power in Great States written by Jacques Necker and published by Liberty Fund. This book was released on 2020 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacques Necker (17321804) was a Swiss statesman and financier who played a crucial role in French political life from 1776 to 1789. Born in Geneva, he was a devout Protestant who amassed considerable wealth as a successful banker. In October 1776, he was appointed as director of the Royal Treasury and, later, in June 1777, as director general of finances of France under Louis XVI. While in charge of the finances of the kingdom, his most famous decision, in 1781, was to make public the budget of France for the first time, a novel practice in an absolute monarchy. His work On Executive Power in Great States (1792) is arguably one of the most important texts ever written on the issue of executive power in modern society. It includes memorable formulations regarding liberty and public spirit among the English and the Americans, the relation between economic prosperity and political freedom, and the seminal influence of religion and morals on liberty. Necker provides a defense of representative government and offers an examination of the French political system, which he compares on several occasions with England and America. Before Tocqueville, Necker understood the importance of America for the Old World as the first successful example of popular self-government and free institutions. In his book, Necker called upon French legislators to study the principles of the U.S. Constitution. His bold innovation was to replace the theory of the functional separation of powers with the intertwining of powers that were dependent upon the existence of effective links between the executive and the legislative. In the absence of such links, Necker maintained, all would be contest and confusion. Neckers fundamental premise was that it would be impossible to establish effective cooperation between different powers solely through the exercise of constant watchfulness and mutual distrust. Although Necker was one of the most important politicians in France before and during the French Revolution, he has been largely ignored as a political thinker. This is the first modern edition of Neckers important work, shedding fresh light on the timely topics of executive power, constitutionalism and the rule of law, federalism, balance of power, and the dependence of liberty on morality and religion. Professor Aurelian Craiutu significantly revised and corrected the 1792 English translation and added explanatory notes, an introduction, and a select bibliography.

History of American Political Thought

Author : Bryan-Paul Frost
Publisher : Rowman & Littlefield
ISBN 13 : 1498558704
Total Pages : 963 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis History of American Political Thought by : Bryan-Paul Frost

Download or read book History of American Political Thought written by Bryan-Paul Frost and published by Rowman & Littlefield. This book was released on 2019-01-08 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated, this long-awaited second edition provides a comprehensive introduction to what the most thoughtful Americans have said about the American experience from the colonial period to the present. The book examines the political thought of the most important American statesmen, activists, and writers across era and ideologies, helping another generation of students, scholars, and citizens to understand more fully the meaning of America. This new second edition of the book includes chapters on several additional historical figures, including Walt Whitman, Lyndon Baines Johnson, and Ronald Reagan, as well as a new chapter on Barack Obama, who was not prominent in public life when the first edition was published. Significant revisions and additions have also been made to many of the original chapters, most notably on Antonin Scalia, which now updates his full legacy, increasing the breadth and depth of the collection.

Democracy in Moderation

Author : Paul Carrese
Publisher : Cambridge University Press
ISBN 13 : 1107121051
Total Pages : 245 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Democracy in Moderation by : Paul Carrese

Download or read book Democracy in Moderation written by Paul Carrese and published by Cambridge University Press. This book was released on 2016-04-15 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rediscovery of Montesquieu's legacy in shaping America's complex political order including influence on Washington's practical moderation.

Constitutionalism and the Rule of Law

Author : Maurice Adams
Publisher : Cambridge University Press
ISBN 13 : 1316883256
Total Pages : 559 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Constitutionalism and the Rule of Law by : Maurice Adams

Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

The Imperial Presidency

Author : Arthur Meier Schlesinger
Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780618420018
Total Pages : 630 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Imperial Presidency by : Arthur Meier Schlesinger

Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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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.

An Introduction to the Study of the Law of the Constitution

Author : A.V. Dicey
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.

Judgment Calls

Author : Daniel A. Farber
Publisher : Oxford University Press
ISBN 13 : 0195371208
Total Pages : 218 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Judgment Calls by : Daniel A. Farber

Download or read book Judgment Calls written by Daniel A. Farber and published by Oxford University Press. This book was released on 2009 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Judgment Calls, Daniel A. Farber and Suzanna Sherry present a fresh perspective on judicial review, taking aim at those who see only two types of approaches to judicial decisions: one based on constitutional law and one based on raw politics. Building on their previous book Beyond All Reason, which was a New York Times Notable Book of the Year, this volume is a similarly incisive challenge to some of the dominant tenets in mainstream legal studies and is sure to inspire debate. The authors aim to reconcile the democratic rule of law with the recognition that judges have discretion. The book takes on the problem of how the Supreme Court can operate in a principled way even in hard, politically charged cases where the legal materials fail to point unambiguously to a single outcome. Throughout, they describe the inherent constraints that keep judges from merely imposing their will, suggest standards for evaluating judicial performance, and make substantial suggestions for improvement. They close with a careful examination of the Supreme Court's controversial cases on the most pressing sociopolitical issues of recent times: the War on Terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.

Constitutionalism and Dictatorship

Author : Robert Barros
Publisher : Cambridge University Press
ISBN 13 : 1139433628
Total Pages : 371 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Constitutionalism and Dictatorship by : Robert Barros

Download or read book Constitutionalism and Dictatorship written by Robert Barros and published by Cambridge University Press. This book was released on 2002-07-04 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973–1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.

Originalism as Faith

Author : Eric J. Segall
Publisher : Cambridge University Press
ISBN 13 : 1107188555
Total Pages : 259 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Originalism as Faith by : Eric J. Segall

Download or read book Originalism as Faith written by Eric J. Segall and published by Cambridge University Press. This book was released on 2018-10-18 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.