La Interpretacion Originalista De La Constitucion

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La interpretación originalista de la Constitución

Author : Pablo de Lora Deltoro
Publisher : Boletín Oficial del Estado
ISBN 13 : 843401033X
Total Pages : 334 pages
Book Rating : 4.4/5 (34 download)

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Book Synopsis La interpretación originalista de la Constitución by : Pablo de Lora Deltoro

Download or read book La interpretación originalista de la Constitución written by Pablo de Lora Deltoro and published by Boletín Oficial del Estado. This book was released on 1998-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Constitución, entendida como un mecanismo de precompromiso colectivo (como un conjunto de reglas de difícil reforma que disciplinan el ejercicio del poder político para la salvaguarda de los derechos básicos individuales), parece exigir que el juez constitucional recurra a las intenciones del constituyente para interpretarla. La versión más estricta del originalismo es la que vincula significado e intención del hablante. Esta tesis semántica del emisor puede ser concebida también bajo los parámetros del realismo semántico, pero esta posibilidad nos compromete con el objetivismo metaético. La mejor defensa de la preferencia por el criterio hermenéutico originalista es la proporcionada por Joseph Raz (Tesis de la Intención Autoritativa), pero, por dificultades internas al propio modelo, y algunas críticas externas relevantes, el originalismo no consigue justificar con éxito la justicia constitucional. © Pablo de Lora Deltoro © Boletín Oficial del Estado y Centro de Estudios Políticos y Constitucionales ISBN: 84-340-1033-X NIPO (BOE): 007-98-051-0 NIPO (CEPC): 005-98-043-5 Depósito Legal: M-40545/1998

Reasonableness and interpretation

Author :
Publisher : LIT Verlag Münster
ISBN 13 : 9783825866389
Total Pages : 436 pages
Book Rating : 4.8/5 (663 download)

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Book Synopsis Reasonableness and interpretation by :

Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.

Towards a Rational Legislative Evaluation in Criminal Law

Author : Adán Nieto Martín
Publisher : Springer
ISBN 13 : 3319328956
Total Pages : 386 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Towards a Rational Legislative Evaluation in Criminal Law by : Adán Nieto Martín

Download or read book Towards a Rational Legislative Evaluation in Criminal Law written by Adán Nieto Martín and published by Springer. This book was released on 2016-08-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book launches a debate on the need to evaluate criminal policies and, what is more complex and ambitious, to develop an evaluation method. The contributions address topics such as the general methodology for evaluating public policy, preparing criminal statistics, and analyzing costs, cost-effectiveness and cost benefits. Additionally, the work explores the state of affairs in various countries including Spain, Sweden, USA, Germany and in the EU. It also examines issues such as the relationship between legislative evaluation and criminal principles and the constitutional courts’ control over criminal acts.

The Challenge of Originalism

Author : Grant Huscroft
Publisher : Cambridge University Press
ISBN 13 : 1139505130
Total Pages : 317 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Challenge of Originalism by : Grant Huscroft

Download or read book The Challenge of Originalism written by Grant Huscroft and published by Cambridge University Press. This book was released on 2011-09-12 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

Comparative Law for Spanish–English Speaking Lawyers

Author : S.I. Strong
Publisher : Edward Elgar Publishing
ISBN 13 : 1849807876
Total Pages : 721 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Comparative Law for Spanish–English Speaking Lawyers by : S.I. Strong

Download or read book Comparative Law for Spanish–English Speaking Lawyers written by S.I. Strong and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.

Radicals in Robes

Author : Cass R. Sunstein
Publisher : Basic Books
ISBN 13 : 0786734892
Total Pages : 314 pages
Book Rating : 4.7/5 (867 download)

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Book Synopsis Radicals in Robes by : Cass R. Sunstein

Download or read book Radicals in Robes written by Cass R. Sunstein and published by Basic Books. This book was released on 2009-04-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.

Fidelity to Our Imperfect Constitution

Author : James E. Fleming
Publisher : Oxford University Press, USA
ISBN 13 : 0199793379
Total Pages : 262 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Fidelity to Our Imperfect Constitution by : James E. Fleming

Download or read book Fidelity to Our Imperfect Constitution written by James E. Fleming and published by Oxford University Press, USA. This book was released on 2015 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits to honouring aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders.

Constitutional Interpretation

Author : Sotirios A. Barber
Publisher : Oxford University Press
ISBN 13 : 0199745072
Total Pages : 218 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Constitutional Interpretation by : Sotirios A. Barber

Download or read book Constitutional Interpretation written by Sotirios A. Barber and published by Oxford University Press. This book was released on 2007-06-27 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.

The Structure of Liberty : Justice and the Rule of Law

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
ISBN 13 : 019152204X
Total Pages : 363 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Structure of Liberty : Justice and the Rule of Law by : Randy E. Barnett

Download or read book The Structure of Liberty : Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

On Constitutional Disobedience

Author : Louis Michael Seidman
Publisher : Oxford University Press
ISBN 13 : 0199898278
Total Pages : 175 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis On Constitutional Disobedience by : Louis Michael Seidman

Download or read book On Constitutional Disobedience written by Louis Michael Seidman and published by Oxford University Press. This book was released on 2012 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.

Comparative Constitutional Reasoning

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Comparative Constitutional Reasoning by : András Jakab

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

The Constitution in 2020

Author : Jack M. Balkin
Publisher : Oxford University Press
ISBN 13 : 0199731098
Total Pages : 368 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Constitution in 2020 by : Jack M. Balkin

Download or read book The Constitution in 2020 written by Jack M. Balkin and published by Oxford University Press. This book was released on 2009-05-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

Restoring the Lost Constitution

Author : Randy E. Barnett
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.

Securing Constitutional Democracy

Author : James E. Fleming
Publisher : University of Chicago Press
ISBN 13 : 0226253430
Total Pages : 350 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Securing Constitutional Democracy by : James E. Fleming

Download or read book Securing Constitutional Democracy written by James E. Fleming and published by University of Chicago Press. This book was released on 2006-10-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.

The Living Constitution

Author : David A. Strauss
Publisher : Oxford University Press
ISBN 13 : 0199703698
Total Pages : 171 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Ordered Liberty

Author : James E. Fleming
Publisher : Harvard University Press
ISBN 13 : 0674070747
Total Pages : 482 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Ordered Liberty by : James E. Fleming

Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

The Language of Law

Author : Andrei Marmor
Publisher :
ISBN 13 : 019871453X
Total Pages : 177 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Language of Law by : Andrei Marmor

Download or read book The Language of Law written by Andrei Marmor and published by . This book was released on 2014 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.