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Extra Legal Power And Legitimacy
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Book Synopsis Extra-Legal Power and Legitimacy by : Clement Fatovic
Download or read book Extra-Legal Power and Legitimacy written by Clement Fatovic and published by Oxford University Press. This book was released on 2013-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with how governments have yielded extra-legal powers in times of emergency.
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Book Synopsis The Constitution in Wartime by : Mark Tushnet
Download or read book The Constitution in Wartime written by Mark Tushnet and published by Duke University Press. This book was released on 2005-01-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical and contemporary examinations of the constitutional issues raised by war.
Book Synopsis Prosecutorial Discretion in the International Criminal Court by : Farid Mohammed Rashid
Download or read book Prosecutorial Discretion in the International Criminal Court written by Farid Mohammed Rashid and published by Contemporary Security Studies. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- The concept of discretion between law and politics -- Overview of the international criminal court -- The historical development of international criminal tribunals and the discretionary power of the prosecutor -- Gravity between prosecutorial and legal interpretive discretion -- In the interests of justice -- Conclusion.
Download or read book Security Unbound written by Jef Huysmans and published by Routledge. This book was released on 2014-05-09 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security concerns have mushroomed. Increasingly numerous areas of life are governed by security policies and technologies. Security Unbound argues that when insecurities pervade how we relate to our neighbours, how we perceive international politics, how governments formulate policies, at stake is not our security but our democracy. Security is not in the first instance a right or value but a practice that challenges democratic institutions and actions. We are familiar with emergency policies in the name of national security challenging parliamentary processes, the space for political dissent, and fundamental rights. Yet, security practice and technology pervade society heavily in very mundane ways without raising national security crises, in particular through surveillance technology and the management of risks and uncertainties in many areas of life. These more diffuse security practices create societies in which suspicion becomes a default way of relating and governing relations, ranging from neighbourhood relations over financial transactions to cross border mobility. Security Unbound demonstrates that governing through suspicion poses serious challenges to democratic practice. Some of these challenges are familiar, such as the erosion of the right to privacy; others are less so, such as the post-human challenge to citizenship. Security unbound provokes us to see that the democratic political stake today is not our security but preventing insecurity from becoming the organising principle of political and social life.
Book Synopsis The Oxford Handbook of the U.S. Constitution by : Mark Tushnet
Download or read book The Oxford Handbook of the U.S. Constitution written by Mark Tushnet and published by Oxford University Press. This book was released on 2015-07-31 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Book Synopsis Constituent Power and the Law by : Joel I. Colon-Rios
Download or read book Constituent Power and the Law written by Joel I. Colon-Rios and published by . This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Against Constitutionalism by : Martin Loughlin
Download or read book Against Constitutionalism written by Martin Loughlin and published by Harvard University Press. This book was released on 2022-05-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Book Synopsis Political Jurisprudence by : Martin Loughlin
Download or read book Political Jurisprudence written by Martin Loughlin and published by Oxford University Press. This book was released on 2017 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of brand new and revised essays from eminent scholar of public law, Martin Loughlin, that systematizes his work on political jurisprudence - a school of thought that contends the key to understanding the nature of legal order lies in how political authority is constituted.
Book Synopsis James Madison and Constitutional Imperfection by : Jeremy D. Bailey
Download or read book James Madison and Constitutional Imperfection written by Jeremy D. Bailey and published by Cambridge University Press. This book was released on 2015-09-09 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a provocative account of James Madison's political thought by focusing on Madison's lifelong encounter with the enduring problem of constitutional imperfection. In particular, it emphasizes Madison's alliance with Thomas Jefferson, liberating it from those long-standing accounts of Madisonian constitutionalism that emphasize deliberation by elites and constitutional veneration. Contrary to much of the scholarship, this book shows that Madison was aware of the limits of the inventions of political science and held a far more subtle understanding of the possibility of constitutional government than has been recognized. By repositioning Madison as closer to Jefferson and the Revolution of 1800, this book offers a reinterpretation of one of the central figures of the early republic.
Book Synopsis Legitimacy in International Law by : Rüdiger Wolfrum
Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author :Aimee Armande Wilson Publisher :State University of New York Press ISBN 13 :1438495617 Total Pages :311 pages Book Rating :4.4/5 (384 download)
Book Synopsis Masculine Pregnancies by : Aimee Armande Wilson
Download or read book Masculine Pregnancies written by Aimee Armande Wilson and published by State University of New York Press. This book was released on 2023-12-01 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who is taken seriously as an artist? What does gender have to do with it? Is there a relationship between artistic creation and physical procreation? In Masculine Pregnancies, Aimee Armande Wilson argues that modernist writers used depictions of "mannish" pregnant women and metaphors of male pregnancy to answer these questions. The book places "masculine pregnancies" in works by Djuna Barnes, Willa Cather, William Faulkner, and Ezra Pound in the context of interwar debates about eugenics, immigration, midwifery, and sexology in order to redefine the relationship between creativity and gender in modernism. Attending to recent developments in queer theory, Wilson challenges the critical assumption that figures of masculine pregnancy necessarily reinforce oppressive norms. The book's first half shows how some writers indeed used such figures to delegitimize artists who were not white, male, and heterosexual. The second half then shows how others used masculine pregnancies to extend legitimacy to mannish women, dark-skinned immigrants, and their (pro)creations—and did so a century before the current boom in queer pregnancy narratives.
Book Synopsis Equality and Legitimacy by : Wojciech Sadurski
Download or read book Equality and Legitimacy written by Wojciech Sadurski and published by Oxford University Press on Demand. This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the relationship between the idea of legitimacy of law in a democratic system and equality. It seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy.
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: This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.
Book Synopsis Constitutionalism, Identity, Difference, and Legitimacy by : Michel Rosenfeld
Download or read book Constitutionalism, Identity, Difference, and Legitimacy written by Michel Rosenfeld and published by Duke University Press. This book was released on 1994 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR
Book Synopsis Law in Times of Crisis by : Oren Gross
Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
