Rationing The Constitution

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Rationing the Constitution

Author : Andrew Coan
Publisher :
ISBN 13 : 0674986954
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Rationing the Constitution by : Andrew Coan

Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--

A People's Constitution

Author : Rohit De
Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis A People's Constitution by : Rohit De

Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

The Rationing of Justice

Author : Arnold S. Trebach
Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Rationing of Justice by : Arnold S. Trebach

Download or read book The Rationing of Justice written by Arnold S. Trebach and published by . This book was released on 1964 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Calculus of Consent

Author : James M. Buchanan
Publisher : University of Michigan Press
ISBN 13 : 9780472061006
Total Pages : 388 pages
Book Rating : 4.0/5 (61 download)

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Book Synopsis The Calculus of Consent by : James M. Buchanan

Download or read book The Calculus of Consent written by James M. Buchanan and published by University of Michigan Press. This book was released on 1965 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scientific study of the political and economic factors influencing democratic decision making

The Regulatory State

Author : Dawn Oliver
Publisher :
ISBN 13 : 0199593175
Total Pages : 365 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Regulatory State by : Dawn Oliver

Download or read book The Regulatory State written by Dawn Oliver and published by . This book was released on 2010 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

Rationing the Constitution

Author : Andrew Coan
Publisher : Harvard University Press
ISBN 13 : 0674239199
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Rationing the Constitution by : Andrew Coan

Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.

The Collapse of Constitutional Remedies

Author : Aziz Z. Huq
Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Federalism and the Tug of War Within

Author : Erin Ryan
Publisher : Oxford University Press
ISBN 13 : 0199737983
Total Pages : 429 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Federalism and the Tug of War Within by : Erin Ryan

Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press. This book was released on 2012-01-12 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.

The Nine

Author : Jeffrey Toobin
Publisher : Anchor
ISBN 13 : 0307472892
Total Pages : 482 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis The Nine by : Jeffrey Toobin

Download or read book The Nine written by Jeffrey Toobin and published by Anchor. This book was released on 2008-09-30 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

Congress as Santa Claus

Author : Charles Warren
Publisher :
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis Congress as Santa Claus by : Charles Warren

Download or read book Congress as Santa Claus written by Charles Warren and published by . This book was released on 1932 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Glenn Beck's Common Sense

Author : Glenn Beck
Publisher : Simon and Schuster
ISBN 13 : 1439169500
Total Pages : 193 pages
Book Rating : 4.4/5 (391 download)

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Book Synopsis Glenn Beck's Common Sense by : Glenn Beck

Download or read book Glenn Beck's Common Sense written by Glenn Beck and published by Simon and Schuster. This book was released on 2009-06-16 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Glenn Beck, the New York Times bestselling author of The Great Reset, revisits Thomas Paine's Common Sense. In any era, great Americans inspire us to reach our full potential. They know with conviction what they believe within themselves. They understand that all actions have consequences. And they find commonsense solutions to the nation’s problems. One such American, Thomas Paine, was an ordinary man who changed the course of history by penning Common Sense, the concise 1776 masterpiece in which, through extraordinarily straightforward and indisputable arguments, he encouraged his fellow citizens to take control of America’s future—and, ultimately, her freedom. Nearly two and a half centuries later, those very freedoms once again hang in the balance. And now, Glenn Beck revisits Paine’s powerful treatise with one purpose: to galvanize Americans to see past government’s easy solutions, two-party monopoly, and illogical methods and take back our great country.

Framework for Equitable Allocation of COVID-19 Vaccine

Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 030968224X
Total Pages : 273 pages
Book Rating : 4.3/5 (96 download)

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Book Synopsis Framework for Equitable Allocation of COVID-19 Vaccine by : National Academies of Sciences, Engineering, and Medicine

Download or read book Framework for Equitable Allocation of COVID-19 Vaccine written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2020-11-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to the coronavirus disease 2019 (COVID-19) pandemic and the societal disruption it has brought, national governments and the international community have invested billions of dollars and immense amounts of human resources to develop a safe and effective vaccine in an unprecedented time frame. Vaccination against this novel coronavirus, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), offers the possibility of significantly reducing severe morbidity and mortality and transmission when deployed alongside other public health strategies and improved therapies. Health equity is intertwined with the impact of COVID-19 and there are certain populations that are at increased risk of severe illness or death from COVID-19. In the United States and worldwide, the pandemic is having a disproportionate impact on people who are already disadvantaged by virtue of their race and ethnicity, age, health status, residence, occupation, socioeconomic condition, or other contributing factors. Framework for Equitable Allocation of COVID-19 Vaccine offers an overarching framework for vaccine allocation to assist policy makers in the domestic and global health communities. Built on widely accepted foundational principles and recognizing the distinctive characteristics of COVID-19, this report's recommendations address the commitments needed to implement equitable allocation policies for COVID-19 vaccine.

Omnipotent Government

Author : Ludwig Von Mises
Publisher : Read Books Ltd
ISBN 13 : 1446545598
Total Pages : 312 pages
Book Rating : 4.4/5 (465 download)

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Book Synopsis Omnipotent Government by : Ludwig Von Mises

Download or read book Omnipotent Government written by Ludwig Von Mises and published by Read Books Ltd. This book was released on 2013-04-16 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberty is not, as the German precursors of Nazism asserted, a negative ideal. Whether a concept is presented in an affirmative or in a negative form is merely a question of idiom. Freedom from want is tantamount to the expression striving after a state of affairs under which people are better supplied with necessities. Freedom of speech is tantamount to a state of affairs under which everybody can say what he wants to say. At the bottom of all totalitarian doctrines lies the belief that the rulers are wiser and loftier than their subjects and that they therefore know better what benefits those ruled than they themselves. Werner Sombart, for many years a fanatical champion of Marxism and later a no less fanatical advocate of Nazism, was bold enough to assert frankly that the Führer gets his orders from God, the supreme Führer of the universe, and that Führertum is a permanent revelation.* Whoever admits this, must, of course, stop questioning the expediency of government omnipotence. Those disagreeing with this theocratical justification of dictatorship claim for themselves the right to discuss freely the problems involved. They do not write state with a capital S. They do not shrink from analyzing the metaphysical notions of Hegelianism and Marxism. They reduce all this high-sounding oratory to the simple question: are the means suggested suitable to attain the ends sought? In answering this question, they hope to render a service to the great majority of their fellow men.

Time Will Run Back

Author : Henry Hazlitt
Publisher : Ludwig von Mises Institute
ISBN 13 : 1610163184
Total Pages : 388 pages
Book Rating : 4.6/5 (11 download)

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Book Synopsis Time Will Run Back by : Henry Hazlitt

Download or read book Time Will Run Back written by Henry Hazlitt and published by Ludwig von Mises Institute. This book was released on 1952 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Triumphs, Constitutional Disappointments

Author : Rosalind Dixon
Publisher : Cambridge University Press
ISBN 13 : 1108415334
Total Pages : 471 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Triumphs, Constitutional Disappointments by : Rosalind Dixon

Download or read book Constitutional Triumphs, Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

The Road to Serfdom

Author : Friedrich A. Hayek
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis The Road to Serfdom by : Friedrich A. Hayek

Download or read book The Road to Serfdom written by Friedrich A. Hayek and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Road to Serfdom F. A. Hayek set out the danger posed to freedom by attempts to apply the principles of wartime economic and social planning to the problems of peacetime. Hayek argued that the rise of Nazism was not due to any character failure on the part of the German people, but was a consequence of the socialist ideas that had gained common currency in Germany in the decades preceding the outbreak of war. Such ideas, Hayek argued, were now becoming similarly accepted in Britain and the USA.On its publication in 1944, The Road to Serfdom caused a sensation. Its publishers could not keep up with demand, owing to wartime paper rationing. Then, in April 1945, Reader's Digest published a condensed version of the book and Hayek's work found a mass audience. This condensed edition was republished for the first time by the IEA in 1999. Since then it has been frequently reprinted and the electronic version has been downloaded over 100,000 times. There is an enduring demand for Hayek's relevant and accessible message.The Road to Serfdom is republished in this impression with The Intellectuals and Socialism originally published in 1949, in which Hayek explained the appeal of socialist ideas to intellectuals - the 'second-hand dealers in ideas'. Intellectuals, Hayek argued, are attracted to socialism because it involves the rational application of the intellect to the organisation of society, while its utopianism captures their imagination and satisfies their desire to make the world submit to their own design.

Can rights cure? The impact of human rights litigation on South Africa's health system

Author : Marius Pieterse
Publisher : PULP
ISBN 13 : 1920538275
Total Pages : 198 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Can rights cure? The impact of human rights litigation on South Africa's health system by : Marius Pieterse

Download or read book Can rights cure? The impact of human rights litigation on South Africa's health system written by Marius Pieterse and published by PULP. This book was released on 2014-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.