Law Localism And The Constitution

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Law, Localism, and the Constitution

Author : John Stanton
Publisher : Taylor & Francis
ISBN 13 : 0429760299
Total Pages : 208 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Law, Localism, and the Constitution by : John Stanton

Download or read book Law, Localism, and the Constitution written by John Stanton and published by Taylor & Francis. This book was released on 2023-03-24 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Local government affects us all. Wherever we live, in towns, cities, villages, or the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces, and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with centralised government. This book explores and analyses the extent to which local government in the different parts of the United Kingdom is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationships with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales, and Northern Ireland, also setting out and discussing possible reforms of local government across the United Kingdom. While the focus is on the United Kingdom, the work includes a comparison with other relevant jurisdictions.

Constitutional Imaginaries

Author : Jiří Přibáň
Publisher : Routledge
ISBN 13 : 1000456099
Total Pages : 176 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Constitutional Imaginaries by : Jiří Přibáň

Download or read book Constitutional Imaginaries written by Jiří Přibáň and published by Routledge. This book was released on 2021-09-30 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Devolution and Localism in England

Author : Professor David M Smith
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472430816
Total Pages : 134 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Devolution and Localism in England by : Professor David M Smith

Download or read book Devolution and Localism in England written by Professor David M Smith and published by Ashgate Publishing, Ltd.. This book was released on 2014-08-28 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining historical and policy study with empirical research from a qualitative study of regional elites this book offers an original and timely insight into the progress of devolution of governance in England. With particular interest in how governments have tried and continue to engage English people in sub-national democratic processes while dealing with the realities of governance it uses in-depth interviews with key figures from three English regions to get the ‘inside view’ of how these processes are seen by the regional and local political, administrative, business and voluntary sector elites who have to make policies work in practice. Tracing the development of decentralisation policies through regional policies up to and including the general election in 2010 and the radical shift away from regionalism to localism by the new Coalition Government thereafter the authors look in detail at some of the key policies of the incumbent Coalition Government such as City Regions and Localism and their implementation. Finally they consider the implications of the existing situation and speculate on possible issues for the future.

The Triangular Constitution

Author : Tom Flynn
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916180
Total Pages : 282 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Triangular Constitution by : Tom Flynn

Download or read book The Triangular Constitution written by Tom Flynn and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

The Coalition and the Constitution

Author : Vernon Bogdanor
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316409
Total Pages : 162 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Coalition and the Constitution by : Vernon Bogdanor

Download or read book The Coalition and the Constitution written by Vernon Bogdanor and published by Bloomsbury Publishing. This book was released on 2011-03-25 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: `England', Benjamin Disraeli famously said, `does not love coalitions'. But 2010 saw the first peace-time coalition in Britain since the 1930s. The coalition, moreover, may well not be an aberration. For there are signs that, with the rise in strength of third parties, hung parliaments are more likely to recur than in the past. Perhaps, therefore, the era of single-party majority government, to which we have become accustomed since 1945, is coming to an end. But is the British constitution equipped to deal with coalition? Are alterations in the procedures of parliament or government needed to cope with it? The inter-party agreement between the coalition partners proposes a wide ranging series of constitutional reforms, the most important of which are fixed-term parliaments and a referendum on the alternative vote electoral system, to be held in May 2011. The coalition is also proposing measures to reduce the size of the House of Commons, to directly elect the House of Lords and to strengthen localism. These reforms, if implemented, could permanently alter the way we are governed. This book analyses the significance of coalition government for Britain and of the momentous constitutional reforms which the coalition is proposing. In doing so it seeks to penetrate the cloud of polemic and partisanship to provide an objective analysis for the informed citizen.

Local Government Law

Author : Gerald E. Frug
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Local Government Law by : Gerald E. Frug

Download or read book Local Government Law written by Gerald E. Frug and published by . This book was released on 1994 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Safeguarding Adults and the Law

Author : Michael Mandelstam
Publisher : Jessica Kingsley Publishers
ISBN 13 : 1849053006
Total Pages : 676 pages
Book Rating : 4.8/5 (49 download)

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Book Synopsis Safeguarding Adults and the Law by : Michael Mandelstam

Download or read book Safeguarding Adults and the Law written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2013 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.

The Constitutional Rights of Children

Author : David S. Tanenhaus
Publisher : University Press of Kansas
ISBN 13 : 0700625046
Total Pages : 192 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Constitutional Rights of Children by : David S. Tanenhaus

Download or read book The Constitutional Rights of Children written by David S. Tanenhaus and published by University Press of Kansas. This book was released on 2017-11-04 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.

Healing American Democracy

Author : Mike Hais
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781985888401
Total Pages : 88 pages
Book Rating : 4.8/5 (884 download)

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Book Synopsis Healing American Democracy by : Mike Hais

Download or read book Healing American Democracy written by Mike Hais and published by Createspace Independent Publishing Platform. This book was released on 2018-03-22 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: American democracy is in trouble. Loss of public confidence in the federal government to solve-or even care about-the problems and concerns of ordinary people has bred both frustration and anger. At the same time, sharp divisions-partisan, demographic, cultural, generational and economic-make finding consensus at the federal level nearly impossible. Yet pundits and politicians continue to call for leadership that "brings us together" as the antidote to this growing divisiveness. The authors profoundly disagree. Mike Hais, Doug Ross and Morley Winograd make a thought-provoking, non-partisan case to rebuild Americans' faith in democracy. Coined as "Constitutional Localism" they suggest moving as much decision-making as possible out of Washington into local communities, while preserving the individual and civil rights granted by the Constitution. EDITORIAL REVIEWS "Messrs Hais, Ross, and Winograd have stumbled upon a simple yet brilliant idea for how to fix American democracy: empower localities to create their own political and civic solutions while using the Constitution as the bedrock for civil rights. From Kalamazoo to Denver, and Knoxville to New Orleans, they provide stories about local success, places where leaders have responded to their constituents' needs in a way the federal government never could and rebuilt civic trust in the process. The authors' optimism and creativity have been sorely needed and should be welcomed by those on both the left and the right. On one thing all Americans should be able to agree - we need new solutions and this book offers many that are worthy." Michael Smerconish, SiriusXM, CNN, and Sunday Philadelphia Inquirer. "Here's a brilliant, alternative solution to our national woes. The notion of bringing power back to communities represents the potential upside in an information age that, to date, has driven greater centralization, economic concentration and horrendous levels of polarization. This should be a foundational text, not to any one political perspective, but to the entire polity." Joel Kotkin, Presidential Fellow in Urban Futures, Chapman University and Executive Director, Center for Opportunity Urbanism "Tip O'Neill said 'All politics is local.' As Mike Hais, Doug Ross, and Morley Winograd explore in this valuable work, while Washington is riven by polarization, some of the most innovative and important policies are flowing from local communities today." David Axelrod, Founder and Director of the University of Chicago Institute of Politics MORE ABOUT THE AUTHORS (insert pictures from all three authors as on this page https://www.amazon.com/Millennial-Majority-Coalition-Remaking-American/dp/1517063582/ref=sr_1_4?ie=UTF8&qid=1522345245&sr=8-4&keywords=morley+winograd )

A Brilliant Solution

Author : Carol Berkin
Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780156028721
Total Pages : 324 pages
Book Rating : 4.0/5 (287 download)

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Book Synopsis A Brilliant Solution by : Carol Berkin

Download or read book A Brilliant Solution written by Carol Berkin and published by Houghton Mifflin Harcourt. This book was released on 2002 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revisiting all the original documents and using her deep knowledge of eighteenth-century history and politics, Carol Berkin takes a fresh look at the men who framed the Constitution, the issues they faced, and the times they lived in. Berkin transports the reader into the hearts and minds of the founders, exposing their fears and their limited expectations of success.

The Global South and Comparative Constitutional Law

Author : Philipp Dann
Publisher : Oxford University Press
ISBN 13 : 0192590758
Total Pages : 321 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Global South and Comparative Constitutional Law by : Philipp Dann

Download or read book The Global South and Comparative Constitutional Law written by Philipp Dann and published by Oxford University Press. This book was released on 2020-10-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Brookings Big Ideas for America

Author : Michael E. O'Hanlon
Publisher : Rowman & Littlefield
ISBN 13 : 0815731310
Total Pages : 416 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Brookings Big Ideas for America by : Michael E. O'Hanlon

Download or read book Brookings Big Ideas for America written by Michael E. O'Hanlon and published by Rowman & Littlefield. This book was released on 2017 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a new administration takes office, what are the biggest issues facing the country? The Brookings Institution offers answers to that question in this volume, which continues the Brookings tradition of providing each incoming administration with a nonpartisan analysis of the major domestic and foreign questions confronting America. On the domestic front, Brookings scholars tackle topics ranging from health care and improving economic opportunity to criminal justice reform, lawful hacking, and improving infrastructure. The alliance system, the relationship with China, nuclear weapons, terrorism, and the ongoing conflicts in Afghanistan and Syria among the foreign policies issues addressed. Throughout, Brookings scholars share their individual ideas on how best to address the agenda that awaits the new administration.

Diversity of Law in the United Arab Emirates

Author : Kristin Kamøy
Publisher : Routledge
ISBN 13 : 100029191X
Total Pages : 186 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Diversity of Law in the United Arab Emirates by : Kristin Kamøy

Download or read book Diversity of Law in the United Arab Emirates written by Kristin Kamøy and published by Routledge. This book was released on 2020-12-16 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law and its practice in the United Arab Emirates (UAE). The objective is to understand the logic of the legal system in the UAE through a rounded analysis of its laws in context. It thus presents an understanding of the system on its own terms beyond the accepted Western model. The book shows how the Emirati law differs from the conventional rule of law. The first section of the book deals with the imperial, international, and cultural background of the Emirati legal system and its influences on some of the elements of the legal system today. It maps the state’s international legal obligations according to core human rights treaties showing how universal interpretations of rights may differ from Emirati interpretations of rights. This logic is further illustrated through an overview of the legal system, in federal, local, and free zones and how the UAE’s diversity of legal sources from Islamic and colonial law provides legal adaptability. The second section of the book deals mainly with the contemporary system of the rule of law in the UAE but at times makes a detour to the British administration to show how imperial execution of power during the British administration created forerunners visible today. Finally, the debut of the UAE on the international scene contributed to an interest in human rights investigations, having manifestations in UAE law. The work will be a valuable resource for researchers and academics working in the areas of Comparative Constitutional Law, Legal Anthropology, Legal Pluralism, and Middle Eastern Studies.

Political Parties and Constitutional Government

Author : Sidney M. Milkis
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Political Parties and Constitutional Government by : Sidney M. Milkis

Download or read book Political Parties and Constitutional Government written by Sidney M. Milkis and published by . This book was released on 1999-09-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution makes no mention of political parties, yet parties began to form shortly after its ratification. Today, American democracy would not work without them. In Political Parties and Constitutional Government, Sidney Milkis explores the uneasy relationship between the Constitution and the party system to advance a novel argument: political parties arose as part of a deliberate program of constitutional reform. Forged on the anvil of Jeffersonian and Jacksonian democracy, parties initially formed as decentralized political associations that engaged the attention of ordinary citizens and held presidents accountable to local constituencies. But as the power of the presidency and the federal government grew, parties shifted their attention from building political support in the states and localities to vying for control over national administration and, in the process, lost their vital connection to the electorate. In the past thirty years, partisan disputes have more often than not involved confrontations between the president and Congress that have undermined the public's respect for American political institutions. With the decline of localized parties, Milkis concludes, there has arisen an administrative politics of rights and entitlements that belittles the efforts of Democrats and Republicans alike to define a collective purpose. Ending with a discussion of possible methods of revitalization and reform, this timely book does much to explain the reasons behind Americans' disenchantment with parties and the party system.

Public Law

Author : John Stanton
Publisher :
ISBN 13 : 0198852274
Total Pages : 788 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Public Law by : John Stanton

Download or read book Public Law written by John Stanton and published by . This book was released on 2020-05-14 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject.Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario(included at the start of each chapter) to set it into a practical context.While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. 'Key case' boxes highlight and analyse the significant case lawin each area; "Counterpoint" boxes flag alternative viewpoints and areas of debate; and "Pause for reflection" boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead.Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university andbeyond.Online ResourcesThis title is supported by an online resources platform for students featuring guidance on approaching and analysing the real life scenarios in the book, a bank of multiple choice questions, legal updates, and links to useful material elsewhere on the web.

Beyond the People

Author : Zoran Oklopcic
Publisher : Oxford University Press
ISBN 13 : 0192519840
Total Pages : 432 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Beyond the People by : Zoran Oklopcic

Download or read book Beyond the People written by Zoran Oklopcic and published by Oxford University Press. This book was released on 2018-05-31 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond the People develops a provocative, interdisciplinary, and meta-theoretical critique of the idea of popular sovereignty. It asks simple but far-reaching questions: Can 'imagined' communities, or 'invented' peoples, ever be theorized without, at the same time, being re-imagined and re-invented anew? Can polemical concepts, such as popular sovereignty or constituent power, be theorized objectively? If, as this book argues, the answer to these questions is no, theorists who approach the figure of a sovereign people must acknowledge that their activity is inseparable from the practice of constituent imagination. Though widely accepted as important, even vital, for the development of political concepts, the social practice of imagination is almost always presumed to operate either historically or impersonally, but seldom individually. Those who theorize the figures of popular sovereignty do not see that they are, in effect, 'conjurors' of peoplehood. This book invites constitutional, international, normative, and other political and legal theorists of sovereign peoplehood to embrace the conjuring-side of their professional identities, as a way of exploring the possibility of moving beyond eternally recurring, insolvable, and increasingly irrelevant questions. Instead of asking: Who is the people? What is the function of constituent power? Where may the people exercise its right to self-determination? Beyond the People asks the reader to consider the prospect of a riskier and more adventurous theoretical road, that opens with the question: What do I as a 'theorist-imaginer', or 'conjuror of peoplehood', assume, anticipate, and aspire to as I theorize the vehicles that mediate the assumptions, anticipations, and aspirations of others? This question is examined throughout the book as it interrogates the idea of peoplehood beyond disciplinary boundaries, showing how polemical, visual, affective, conceptual, and allegorical language critically shapes our idea of peoplehood. It offers a nuanced account of the contested relationship between the social imaginary of peoplehood on the ground, and the imaginative practices of the professional 'conjurors' of peoplehood in the academy.

The Civic Constitution

Author : Elizabeth Beaumont
Publisher : Oxford University Press
ISBN 13 : 0199940061
Total Pages : 361 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Civic Constitution by : Elizabeth Beaumont

Download or read book The Civic Constitution written by Elizabeth Beaumont and published by Oxford University Press. This book was released on 2014 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order.