Federal Constitutions and International Relations

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Author :
Publisher : Macmillan
ISBN 13 : 9780702232411
Total Pages : 212 pages
Book Rating : 4.2/5 (324 download)

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Book Synopsis Federal Constitutions and International Relations by : John Trone

Download or read book Federal Constitutions and International Relations written by John Trone and published by Macmillan. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of one of the most politically controversial issues in Australian law - the implementation of treaties by the federal government. Unique in Australian books on legal issues, this rigorous analysis of constitutional law examines relevant cases and legislation from Australia, Canada, the USA, Germany, Switzerland, Austria, Malaysia, and India. Including a comprehensive list of cases and a full index, this book will be of exceptional interest to practitioners, teachers and students of constitutional and international law.

Foreign Affairs Federalism

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199941491
Total Pages : 433 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Foreign Affairs Federalism by : Michael J. Glennon

Download or read book Foreign Affairs Federalism written by Michael J. Glennon and published by Oxford University Press. This book was released on 2016 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide one voice in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

Foreign Affairs and the United States Constitution

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Foreign Affairs and the United States Constitution by : Louis Henkin

Download or read book Foreign Affairs and the United States Constitution written by Louis Henkin and published by Oxford University Press, USA. This book was released on 1996 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the constitutional jurisprudence of the United States as it relates to US foreign affairs. Illumination is offered on topics such as relations between Congress and the President as they relate to the use of military force.

The Constitution’s Text in Foreign Affairs

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Author :
Publisher : Harvard University Press
ISBN 13 : 067427816X
Total Pages : 505 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Constitution’s Text in Foreign Affairs by : Michael D. Ramsey

Download or read book The Constitution’s Text in Foreign Affairs written by Michael D. Ramsey and published by Harvard University Press. This book was released on 2007-06-01 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations. Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.

Restoring the Global Judiciary

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Publisher : Princeton University Press
ISBN 13 : 0691204780
Total Pages : 344 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty

Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

Constitutional Origins, Structure, and Change in Federal Countries

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773529160
Total Pages : 479 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Constitutional Origins, Structure, and Change in Federal Countries by : International Association of Centers for Federal Studies

Download or read book Constitutional Origins, Structure, and Change in Federal Countries written by International Association of Centers for Federal Studies and published by McGill-Queen's Press - MQUP. This book was released on 2005 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar (Nigeria), Raoul Blindenbacher (Switzerland), Dakas C.J. Dakas (Nigeria), Kris Deschouwer (Belgium), Juan Marcos Gutiérrez González (Mexico), John Kincaid (USA), Rainer Knopff (Canada), Jutta Kramer (Germany), Akhtar Majeed (India), Marat S. Salikov (Russia), Cheryl Saunders (Australia), Anthony M. Sayers (Canada), Nicolas Schmitt (Switzerland), Celina Sousa (Brazil), Nico Steytler (South Africa), and G. Alan Tarr (USA).The Frech edition is Forthcoming in the Fall 2005 as Les origines, structure, et changements constitutionnels dans les pays fédéraux

Constitutionalism, Democracy, and Foreign Affairs

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Author :
Publisher : Columbia University Press
ISBN 13 : 9780231072298
Total Pages : 140 pages
Book Rating : 4.0/5 (722 download)

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Book Synopsis Constitutionalism, Democracy, and Foreign Affairs by : Louis Henkin

Download or read book Constitutionalism, Democracy, and Foreign Affairs written by Louis Henkin and published by Columbia University Press. This book was released on 1990 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses a controversial aspect of constitutional jurisprudence--the governance of foreign affairs and examines the questionof whether our constitutional blueprint for the conduct of foreign affairs is appropriate to the democracy we have become.

The Constitution and the Conduct of American Foreign Policy

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Author :
Publisher :
ISBN 13 :
Total Pages : 426 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Constitution and the Conduct of American Foreign Policy by : David Gray Adler

Download or read book The Constitution and the Conduct of American Foreign Policy written by David Gray Adler and published by . This book was released on 1996 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.

Treaties and Federal Constitutions

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Author :
Publisher : Washington, D.C. : Public Affairs Press
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Treaties and Federal Constitutions by : James McLeod Hendry

Download or read book Treaties and Federal Constitutions written by James McLeod Hendry and published by Washington, D.C. : Public Affairs Press. This book was released on 1955 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Diplomacy

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Publisher : Princeton University Press
ISBN 13 : 0691023050
Total Pages : 379 pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis Constitutional Diplomacy by : Michael J. Glennon

Download or read book Constitutional Diplomacy written by Michael J. Glennon and published by Princeton University Press. This book was released on 1990 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.

Dialogues on Constitutional Origins, Structure, and Change in Federal Countries

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Author :
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 9780773529397
Total Pages : 84 pages
Book Rating : 4.5/5 (293 download)

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Book Synopsis Dialogues on Constitutional Origins, Structure, and Change in Federal Countries by : International Association of Centers for Federal Studies

Download or read book Dialogues on Constitutional Origins, Structure, and Change in Federal Countries written by International Association of Centers for Federal Studies and published by McGill-Queen's Press - MQUP. This book was released on 2005 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the origins, structure, and change of twelve federal constitutions.

The Constitution and the Conduct of Foreign Policy

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Author :
Publisher : Greenwood
ISBN 13 :
Total Pages : 184 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Constitution and the Conduct of Foreign Policy by : Francis Orlando Wilcox

Download or read book The Constitution and the Conduct of Foreign Policy written by Francis Orlando Wilcox and published by Greenwood. This book was released on 1976 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Independence on Trial

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Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461732239
Total Pages : 278 pages
Book Rating : 4.4/5 (617 download)

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Book Synopsis Independence on Trial by : Frederick W. Marks

Download or read book Independence on Trial written by Frederick W. Marks and published by Rowman & Littlefield Publishers. This book was released on 1997-08-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Independence on Trial, Frederick W. Marks III focuses on the impact of foreign affairs and trade, arguing that they had an overwhelming influence in shaping constitutional reform for the founding fathers. He argues that problems relating to the conducting of foreign affairs far outweighed any other issues facing the Confederation and that the Federalist's desire for a more advantageous position in the world was their overriding concern which gave rise to the Constitution.

The Law of Nations and the United States Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190666773
Total Pages : 224 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Law of Nations and the United States Constitution by : Anthony J. Bellia Jr.

Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia Jr. and published by Oxford University Press. This book was released on 2017-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.

Foreign Affairs and the U.S. Constitution

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Author :
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Foreign Affairs and the U.S. Constitution by : Louis Henkin

Download or read book Foreign Affairs and the U.S. Constitution written by Louis Henkin and published by . This book was released on 1990 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Changing Federal Constitutions

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Author :
Publisher : Verlag Barbara Budrich
ISBN 13 : 3866495536
Total Pages : 420 pages
Book Rating : 4.8/5 (664 download)

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Book Synopsis Changing Federal Constitutions by : Arthur Benz

Download or read book Changing Federal Constitutions written by Arthur Benz and published by Verlag Barbara Budrich. This book was released on 2012-05-30 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion

Foreign Policy and the Constitution

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Author :
Publisher : A E I Press
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Foreign Policy and the Constitution by : Robert A. Goldwin

Download or read book Foreign Policy and the Constitution written by Robert A. Goldwin and published by A E I Press. This book was released on 1990 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the apparent conflict between the places where the constitution lodges the power to determine the foreign relations of the United States - in Congress, and in the president, as commander in chief.