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Public Values In Constitutional Law
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Book Synopsis Public Values in Constitutional Law by : Stephen E. Gottlieb
Download or read book Public Values in Constitutional Law written by Stephen E. Gottlieb and published by University of Michigan Press. This book was released on 1993 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical examination of the concept of compelling government interests
Book Synopsis Introduction by : Stephen E. Gottlieb
Download or read book Introduction written by Stephen E. Gottlieb and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One way to describe constitutional law has been concern with security, driven by fear not only of crime, insurrection, and subversion, but fear of rights, fear that claims of life, liberty, and property would cripple the Republic. Yet these very fears can be positively described as concern with that selfsame life, liberty, property, equality, and democracy. Therein lies a vision not of fear but of hope -- a vision generous enough to embrace those values of the Preamble the Court has held are not empowering but only precatory -- general welfare, liberty, and justice. The essay explores these very different visions of constitutional law and their implications.
Book Synopsis American Public Service by : Sheila Suess Kennedy
Download or read book American Public Service written by Sheila Suess Kennedy and published by Jones & Bartlett Learning. This book was released on 2011-08-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of ethics in public administration are increasingly in the news, where commentators seem too often detached from the sources of those ethics and their application to current political conflicts. American Public Service: Constitutional and Ethical Foundations examines public administration ethics as contextualized by constitutional, legal, and political values within the United States. Through case studies, hypothetical examples, and an easy-to-read discussion format, the authors explore what these values mean for specific duties of government managers and for the resolution of many contemporary issues confronting public sector officials. Key Features: • Describes the philosophical underpinnings of the Constitution and the Bill of Rights • Identifies the values that anchor and define what government and public administrators should do. • Indicates where these values fit into a framework for moral decision-making in the public sector, and how they apply to discussions of current controversies in public administration. • Written by authors with rich experience as both lawyers and academics in public administration programs.
Book Synopsis A Reasonable Public Servant by : Lily Xiao Hong Lee
Download or read book A Reasonable Public Servant written by Lily Xiao Hong Lee and published by Routledge. This book was released on 2015-02-04 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964.
Book Synopsis The Constitutional School of American Public Administration by : Stephanie Newbold
Download or read book The Constitutional School of American Public Administration written by Stephanie Newbold and published by Taylor & Francis. This book was released on 2016-10-26 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing ‘constitutional school’ of public administration has roots in the Federalist Papers, constitutional law, and the writings of several contemporary leaders and contributors in the field. It is comprised of a loose grouping of scholars who subscribe to the proposition that constitutions and the constitutional characteristics of a regime are key determinants of public administrative culture, institutions, organizations, personnel practices, budgetary and decision-making processes, commitment to the rule of law and human rights, and myriad aspects of overall behavior. Participants in constitutional school research believe that the ‘big questions’ in public administration cannot be answered without reference to constitutional designs, institutions, and regime values. This edited volume brings together the most prominent names in constitutional school scholarship in an aim to make it more visible, accessible, and central to the field of public administration's pedagogy, scholarship, and intellectual development. It will be essential reading for scholars and students of public administration with an interest in constitutional / administrative law and political theory around the globe.
Book Synopsis The Constitution As Political Structure by : Martin H. Redish
Download or read book The Constitution As Political Structure written by Martin H. Redish and published by Oxford University Press. This book was released on 1995-01-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory.
Book Synopsis An Inquiry into the Existence of Global Values by : Dennis Davis
Download or read book An Inquiry into the Existence of Global Values written by Dennis Davis and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.
Book Synopsis New Frontiers of State Constitutional Law by : James A. Gardner
Download or read book New Frontiers of State Constitutional Law written by James A. Gardner and published by Oxford University Press. This book was released on 2010-12-14 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.
Book Synopsis Ruling the World? by : Jeffrey L. Dunoff
Download or read book Ruling the World? written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2009-07-20 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.
Book Synopsis Constitutional Clarity by : Thomas T. Taylor
Download or read book Constitutional Clarity written by Thomas T. Taylor and published by eBookIt.com. This book was released on 2023-08-23 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlock the Secrets of the Constitution Ever felt overwhelmed or confused by the intricacies of the U.S. Constitution? You're not alone. The foundation of American governance, the Constitution can often seem complex and inaccessible. But what if there was a guide that made it all simple? Dive into Constitutional Clarity: A Simple Guide to Constitutional Law and discover the Constitution like never before. This meticulously crafted guide breaks down the core principles, rights, and structures that have shaped the nation for centuries. From the historic origins of constitutional law to the pivotal cases that have defined its interpretation, this book is a treasure trove of insights. Explore the balance between individual freedoms and collective good, unravel the essence of federalism, and compare the U.S. Constitution with its counterparts from around the globe. With chapters dedicated to each branch of government and their powers, you'll gain a comprehensive understanding of the checks and balances that ensure democracy. Uncover the process of constitutional amendments, learn about the rights and responsibilities of citizens, and get practical tips on engaging with and protecting your constitutional rights. The added appendices offer a full text of the U.S. Constitution, a glossary of key terms, resources for further reading, and guidance on advocacy and engagement. Don't let the Constitution remain a mystery. Equip yourself with knowledge, foster informed discussions, and be an active participant in the democratic process. Whether you're a student, educator, activist, or simply a curious reader, Constitutional Clarity is your key to understanding the Constitution in all its depth and nuance. Embark on this enlightening journey today!
Book Synopsis Public Personnel Administration and Constitutional Values by : Yong Lee
Download or read book Public Personnel Administration and Constitutional Values written by Yong Lee and published by Bloomsbury Publishing USA. This book was released on 1992-08-30 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several Supreme Court battles during the Warren-Burger era finally brought public sector employees under constitutional protection, setting forth a new legal framework for personnel management. This new framework requires administrators to manage personnel foremost in compliance with the established constitutional principles without necessarily sacrificing efficiency. Public Personnel Administration and Constitutional Values is a sketch of this new framework in which constitutionalism and judicial accountability become defining characteristics. In the text the author provides, for the first time, a comprehensive review of case law principles in non-technical terms that are central to today's personnel management and decision-making: First Amendment freedoms, procedural due process, equal protection of the laws with respect to anti-discrimination, affirmative action, and compensation, and governmental and official liability. The author concludes that although excessive legalism may undoubtedly cause administrative timidity, a constitutionally competent administrator should be able to overcome this timidity; more important, a democratic administration grounded in constitutional values promises the best of all possible alternatives. This book is an invaluable addition to education and training for the students of public administration, as well as public administration practitioners at all levels in the United States. It also provides an important insight for the scholars of public administration in other parts of the world.
Book Synopsis Public Service, Ethics, and Constitutional Practice by : John Anthony Rohr
Download or read book Public Service, Ethics, and Constitutional Practice written by John Anthony Rohr and published by . This book was released on 1998 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: For civil servants who take an oath to uphold the Constitution, that document is the supreme symbol of political morality. Constitutional issues are addressed by civil servants every day, whenever a policeman arrests a suspect or members of different branches of government meet. But how well do these individuals really understand the Constitution's application in their jobs? This book encourages civil servants to reflect on specific constitutional principles and events and learn to apply them to the decisions they make. Twenty seminal articles by a preeminent scholar seek to legitimate public service by grounding its ethics in constitutional practice. John Rohr stresses that ethical practice demands an immersion in the specifics of our constitutional tradition, and he offers a guide to attaining a greater sense of those constitutional principles that can be translated into action. Along the way he considers such timely issues as financial disclosure, the treatment of civil servants as second-class citizens, and instances of civil servants caught between executive and legislative forces. Rohr's opening essays demonstrate that responsible use of administrative discretion is the key issue for career civil servants. Subsequent sections examine approaches to training civil servants using constitutional principles; character formation resulting from study of the constitutional tradition; and the ethical choices that are sometimes posed by separation of powers. A final group of chapters shows how a study of other countries' constitutional traditions can deepen an understanding of our own, while a closing essay looks at past issues and future prospects in administrative ethics from the perspective of Rohr's long involvement in the field. Throughout this insightful collection, Rohr seeks to remind public servants of the nobility of their calling, reinforce their role in articulating public interests against the excesses of private concerns, and encourage managers to make greater use of constitutional language to describe their everyday activities. Although his work focuses on the federal career civil servant, it also offers valuable lessons applicable to state and local civil servants, elected officials, judges, military personnel, and those employed in the nonprofit sector.
Book Synopsis Peopling the Constitution by : John E. Finn
Download or read book Peopling the Constitution written by John E. Finn and published by University Press of Kansas. This book was released on 2014-03-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “Juridic Constitution,” John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.
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.
Book Synopsis Constitutionalism and Rights by : Gary C. Bryner
Download or read book Constitutionalism and Rights written by Gary C. Bryner and published by SUNY Press. This book was released on 1987-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism and Rights explores the ambivalent relationship between the American tradition of constitutionalism and the notions of rights that have emerged over the last three centuries. The six essays focus systematically on selected tensions between these two fundamental strands in the American tradition of liberty and self-government. Discussed are: ideas of rights and constitutionalism generally; mechanisms and procedures necessary to assure rights in a large bureaucratic state; rights as expressed in public welfare programs; innovations employed by the eighteenth-century Framers to achieve limited government as a means to securing fair and equal individual freedom; the dependence of rights on institutional devices and the rule of law; the need for public virtue (balancing individual rights with self-sacrifice for the common good) if the American constitutional system is to survive; and the dangers of individualism and individual rights posed by modern liberalism. The essayists are prominent scholars representing the disciplines of political science, government, and law. They all state their confidence in the American constitutional system, but they also voice doubts about the future if problems are not redressed. The editors conclude their introduction by expressing hope that this volume "will clarify some important issues and help us remember essential lessons of the past, as we continue in this great public conversation." Constitutionalism and Rights is the first of a three-volume series examining significant features of the Constitution. The series, inspired by the bicentennial of that great achievement, consists of essays presented by scholars at three conferences on the Constitution held at Brigham Young University in 1985, 1986, and 1987, and several additional essays written especially for these volumes.
Book Synopsis Public Administration and Law by : David H. Rosenbloom
Download or read book Public Administration and Law written by David H. Rosenbloom and published by CRC Press. This book was released on 2010-06-23 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law. Explores the conflicts between laws The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor. Enhanced with numerous references The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area. About the Authors: David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.
Book Synopsis Red, White, and Blue by : Mark V. Tushnet
Download or read book Red, White, and Blue written by Mark V. Tushnet and published by . This book was released on 1988 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
