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Constitutional Law, Constitutionalism and Democracy

Author : Nicholas Sunday
Publisher : GRIN Verlag
ISBN 13 : 365642408X
Total Pages : 53 pages
Book Rating : 4.6/5 (564 download)

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Book Synopsis Constitutional Law, Constitutionalism and Democracy by : Nicholas Sunday

Download or read book Constitutional Law, Constitutionalism and Democracy written by Nicholas Sunday and published by GRIN Verlag. This book was released on 2013-05-02 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (undergraduate) from the year 2013 in the subject Politics - Political Theory and the History of Ideas Journal, , language: English, abstract: Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Politics

Author : William Watrous Crane
Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Politics by : William Watrous Crane

Download or read book Politics written by William Watrous Crane and published by . This book was released on 1883 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Politics

Author : Sotirios A. Barber
Publisher : Princeton University Press
ISBN 13 : 0691227446
Total Pages : 349 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Constitutional Politics by : Sotirios A. Barber

Download or read book Constitutional Politics written by Sotirios A. Barber and published by Princeton University Press. This book was released on 2021-03-09 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.

Constitutional Theocracy

Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 0674264452
Total Pages : 315 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Constitutional Theocracy by : Ran Hirschl

Download or read book Constitutional Theocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2010-11-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the intersection of two sweeping global trends—the rise of popular support for principles of theocratic governance and the spread of constitutionalism and judicial review—a new legal order has emerged: constitutional theocracy. It enshrines religion and its interlocutors as “a” or “the” source of legislation, and at the same time adheres to core ideals and practices of modern constitutionalism. A unique hybrid of apparently conflicting worldviews, values, and interests, constitutional theocracies thus offer an ideal setting—a “living laboratory” as it were—for studying constitutional law as a form of politics by other means. In this book, Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. Counterintuitively, Hirschl argues that the constitutional enshrinement of religion is a rational, prudent strategy that allows opponents of theocratic governance to talk the religious talk without walking most of what they regard as theocracy’s unappealing, costly walk. Many of the jurisdictional, enforcement, and cooptation advantages that gave religious legal regimes an edge in the pre-modern era, are now aiding the modern state and its laws in its effort to contain religion. The “constitutional” in a constitutional theocracy thus fulfills the same restricting function it carries out in a constitutional democracy: it brings theocratic governance under check and assigns to constitutional law and courts the task of a bulwark against the threat of radical religion.

Constitutional Democracy

Author : Walter F. Murphy
Publisher : JHU Press
ISBN 13 : 9780801884702
Total Pages : 588 pages
Book Rating : 4.8/5 (847 download)

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Book Synopsis Constitutional Democracy by : Walter F. Murphy

Download or read book Constitutional Democracy written by Walter F. Murphy and published by JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Politics and the Constitution in the History of the United States

Author : William W. Crosskey
Publisher : University of Chicago Press
ISBN 13 : 9780226121345
Total Pages : 722 pages
Book Rating : 4.1/5 (213 download)

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Book Synopsis Politics and the Constitution in the History of the United States by : William W. Crosskey

Download or read book Politics and the Constitution in the History of the United States written by William W. Crosskey and published by University of Chicago Press. This book was released on 1953 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first two volumes of William Crosskey's monumental study of the Constitution appeared in 1953, Arthur M. Schlesinger called it "perhaps the most fertile commentary on that document since The Federalist papers." It was highly controversial as well. The work was a comprehensive reassessment of the meaning of the Constitution, based on examination of eighteenth-century usages of key political and legal concepts and terms. Crosskey's basic thesis was that the Founding Fathers truly intended a government with plenary, nationwide powers, and not, as in the received views, a limited federalism. This third volume of Politics and the Constitution, which Crosskey began and William Jeffrey has finished, treats political activity in the period 1776-87, and is in many ways the heart of the work as Crosskey conceived it. In support of the lexicographic analysis of volumes 1 and 2, volume 3 shows that nationalist ideas and sentiments were a powerful force in American public opinion from the Revolution to the eve of the Constitutional Convention. The creation of a generally empowered national government in Philadelphia, it is argued, was the fruition of a long-active political movement, not the unintended or accidental result of a temporary conservative coalition. This view of the political background of the Constitutional Convention directly challenges the Madisonian-Jeffersonian orthodoxy on the subject. In support of his interpretation, Crosskey amassed a wealth of primary source materials, including heretofore unexplored pamphlets and newspapers. This exhaustive research makes this unique work invaluable for scholars of the period, both for the primary sources collected as well as for the provocative interpretation offered.

Aristotle's Legal Theory

Author : George Duke
Publisher : Cambridge University Press
ISBN 13 : 110715703X
Total Pages : 193 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Aristotle's Legal Theory by : George Duke

Download or read book Aristotle's Legal Theory written by George Duke and published by Cambridge University Press. This book was released on 2019-12-19 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.

Constitutional Law and Politics

Author : David M. O'Brien
Publisher :
ISBN 13 : 9780393983487
Total Pages : pages
Book Rating : 4.9/5 (834 download)

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Book Synopsis Constitutional Law and Politics by : David M. O'Brien

Download or read book Constitutional Law and Politics written by David M. O'Brien and published by . This book was released on 1999-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Rights and Powers of the People

Author : Wayne D. Moore
Publisher : Princeton University Press
ISBN 13 : 9780691002446
Total Pages : 312 pages
Book Rating : 4.0/5 (24 download)

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Book Synopsis Constitutional Rights and Powers of the People by : Wayne D. Moore

Download or read book Constitutional Rights and Powers of the People written by Wayne D. Moore and published by Princeton University Press. This book was released on 1998 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutionalism rests on premises of popular sovereignty, but questions remain about how the "people" and their rights and powers fit into the constitutional design. In a book that will radically reorient thinking about the Constitution, political scientist Wayne Moore offers new insights into central problems of constitutional history, theory, and law.

Philosophical Foundations of European Union Law

Author : Julie Dickson
Publisher : OUP Oxford
ISBN 13 : 0191652164
Total Pages : 668 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Philosophical Foundations of European Union Law by : Julie Dickson

Download or read book Philosophical Foundations of European Union Law written by Julie Dickson and published by OUP Oxford. This book was released on 2012-10-11 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.

A Community Built on Words

Author : Jefferson Powell
Publisher : University of Chicago Press
ISBN 13 : 0226677249
Total Pages : 261 pages
Book Rating : 4.2/5 (266 download)

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Book Synopsis A Community Built on Words by : Jefferson Powell

Download or read book A Community Built on Words written by Jefferson Powell and published by University of Chicago Press. This book was released on 2005-06 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: H. Jefferson Powell offers a powerful new approach to one of the central issues in American constitutional thinking today: the problem of constitutional law's historicity, or the many ways in which constitutional arguments and outcomes are shaped both by historical circumstances and by the political goals and commitments of various actors, including judges. The presence of such influences is often considered highly problematic: if constitutional law is political and historical through and through, then what differentiates it from politics per se, and what gives it integrity and coherence? Powell argues that constitutional theory has as its (sometimes hidden) agenda the ambition of showing how constitutional law can escape from history and politics, while much constitutional history seeks to identify an historically true meaning of the constitutional text that, once uncovered, can serve as a corrective to subsequent deviations from that truth. Combining history and theory, Powell analyzes a series of constitutional controversies from 1790 to 1944 to demonstrate that constitutional law from its very beginning has involved politically charged and ideologically divisive arguments. Nowhere in our past can one find the golden age of apolitical constitutional thinking that a great deal of contemporary scholarship seeks or presupposes. Viewed over time, American constitutional law is a history of political dispute couched in constitutional terms. Powell then takes his conclusions one step further, claiming that it is precisely this historical tradition of argument that has given American constitutional law a remarkable coherence and integrity over time. No matter what the particular political disputes of the day might be, constitutional argument has provided a shared language through which our political community has been able to fight out its battles without ultimately fracturing. A Community Built on Words will be must reading for any student of constitutional history, theory, or law.

Constitutional Construction

Author : Keith E. Whittington
Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutional Construction by : Keith E. Whittington

Download or read book Constitutional Construction written by Keith E. Whittington and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text argues that the Constitution has a dual nature. The first is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. But the Constitution also permeates politics itself.

The Constitution of Interests

Author : John Brigham
Publisher : NYU Press
ISBN 13 : 081471286X
Total Pages : 239 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis The Constitution of Interests by : John Brigham

Download or read book The Constitution of Interests written by John Brigham and published by NYU Press. This book was released on 2000-07 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of America's most important social and political movements--abolition, women's suffragette, civil rights, women's liberation, gay and lesbian rights--have organized in the shadow of the law. All are based in their theoretical opposition to the law. Yet at the same time, they are dependent on the laws that prohibit them. Law is thus formed as much through the dynamic tensions that govern how these laws are received as through their official decree. Legal forms such as contracts, property, and rights also constitute social and political life because they structure our world. John Brigham here focuses on four ideological movements and their strategies, among them the struggle over the closing of gay bathhouses in the early years of the AIDS crisis and the radical feminist use of rage and radical consciousness in anti- pornography campaigns. The effect of law on politics, Brigham convincingly reveals, is pervasive precisely because political life finds its expression in a surprising variety of legal forms.

The Constitution in the Courts

Author : Michael J. Perry
Publisher : Oxford University Press
ISBN 13 : 0195355792
Total Pages : 288 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Constitution in the Courts by : Michael J. Perry

Download or read book The Constitution in the Courts written by Michael J. Perry and published by Oxford University Press. This book was released on 1996-01-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern period of American constitutional law--the period since the U.S. Supreme Court outlawed racially segregated public schooling in Brown v. Board of Education (1954)--there has been a persistent and vigorous debate in the United States about whether the Court has merely been enforcing the Constitution or whether, instead, in the guise of enforcing the Constitution, the Court has really been usurping the legislative prerogative of making political choices about controversial issues. In this book, Professor Perry carefully disentangles and then thoughtfully addresses the various fundamental issues at the heart of the controversy: What is the argument for "judicial review"? What approach to constitutional interpretation should inform the practice of judicial review? How large or small a role should the Court play in bringing the interpreted Constitution to bear in resolving constitutional conflicts? To what extent are the Court's most controversial modern decisions--for example, decisions about racial segregation, discrimination based on sex, abortion, and homosexuality--sound; to what extent are they problematic? The Constitution in the Courts is a major contribution to one of the most fundamental controversies in modern American politics and law.

Judgment Calls

Author : Daniel A. Farber
Publisher : Oxford University Press
ISBN 13 : 0190451637
Total Pages : 218 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Judgment Calls by : Daniel A. Farber

Download or read book Judgment Calls written by Daniel A. Farber and published by Oxford University Press. This book was released on 2008-11-19 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators in robes who read the Constitution in accordance with their own political views. Some think that political decision making by judges is inevitable, and others think it can be restrained by "strict constructionist" theories like textualism or originalism. But at bottom, both sorts of thinkers believe that judging has to be either tightly constrained and inflexible or purely political and unfettered: There is, they argue, no middle ground. Farber and Sherry disagree, and in this book they describe and defend that middle ground. They show how judging can be--and often is--both principled and flexible. In other words, they attempt to reconcile the democratic rule of law with the recognition that judges have discretion. They explain how judicial discretion can be exercised responsibly, describe the existing constraints that guide and cabin such discretion, and suggest improvements. In exploring how constitutional adjudication works in practice (and how it can be made better), Farber and Sherry cover a wide range of topics that are relevant to their thesis and also independently important, including judicial opinion-writing, the use of precedent, the judicial selection process, the structure of the American judiciary, and the nature of legal education. They conclude with a careful look at how the Supreme Court has treated three of the most significant and sensitive constitutional issues: terrorism, abortion, and affirmative action. Timely, trenchant, and carefully argued, Judgment Calls is a welcome addition to the literature on the intersection of constitutional interpretation and American politics.

Justice and Reciprocity in Aristotle's Political Philosophy

Author : Kazutaka Inamura
Publisher : Cambridge University Press
ISBN 13 : 1107110947
Total Pages : 267 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Justice and Reciprocity in Aristotle's Political Philosophy by : Kazutaka Inamura

Download or read book Justice and Reciprocity in Aristotle's Political Philosophy written by Kazutaka Inamura and published by Cambridge University Press. This book was released on 2015-09-17 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines Aristotle's approaches to how to develop a political community based on the notions of justice and friendship.