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Restoring The Rule Of Law
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Book Synopsis Restoring the Rule of Law by : Patricia V. Barkley
Download or read book Restoring the Rule of Law written by Patricia V. Barkley and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is of the utmost importance to review our policies and practices, and to make changes where we find unseemly and illegal programs or inefficient and counterproductive policies. The time to act is at hand. The urgent need to restore checks and balances under the rule of law is far more important than the controversies that divide us. Instead, understanding the importance of righting the separation-of-powers imbalance and restoring respect for the rule of law should bring all Americans together. But the core principle -- that the preservation of the Constitution's checks and balances, and respect for the rule of law, is essential to effective governance -- endures regardless of what party controls either branch. If we turn a blind eye to this truth, the nation will feel the consequences far into the future.
Author :United States. Congress Publisher :Createspace Independent Publishing Platform ISBN 13 :9781984124715 Total Pages :326 pages Book Rating :4.1/5 (247 download)
Book Synopsis Restoring the Rule of Law by : United States. Congress
Download or read book Restoring the Rule of Law written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2018-01-23 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restoring the rule of law : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, One Hundred Tenth Congress, second session, September 16, 2008.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) Publisher : ISBN 13 : Total Pages :300 pages Book Rating :4.:/5 (327 download)
Book Synopsis Restoring the Rule of Law by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Download or read book Restoring the Rule of Law written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2008 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) Publisher : ISBN 13 : Total Pages : pages Book Rating :4.:/5 (123 download)
Book Synopsis Restoring the Rule of Law :. by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Download or read book Restoring the Rule of Law :. written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty
Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Book Synopsis S. Hrg. 110-584 by : U.S. Government Printing Office (Gpo)
Download or read book S. Hrg. 110-584 written by U.S. Government Printing Office (Gpo) and published by BiblioGov. This book was released on 2013-10 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) Publisher : ISBN 13 :9780160821561 Total Pages :319 pages Book Rating :4.8/5 (215 download)
Book Synopsis Restoring the Rule of Law by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Download or read book Restoring the Rule of Law written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2008 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Peacekeeping, Policing, and the Rule of Law after Civil War by : Robert A. Blair
Download or read book Peacekeeping, Policing, and the Rule of Law after Civil War written by Robert A. Blair and published by Cambridge University Press. This book was released on 2020-11-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN plays a vital but underappreciated role in restoring the rule of law in countries recovering from civil war.
Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett
Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Book Synopsis Rule of Law, Misrule of Men by : Elaine Scarry
Download or read book Rule of Law, Misrule of Men written by Elaine Scarry and published by MIT Press. This book was released on 2010-04-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.
Book Synopsis Can Might Make Rights? by : Jane Stromseth
Download or read book Can Might Make Rights? written by Jane Stromseth and published by Cambridge University Press. This book was released on 2006-09-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
Book Synopsis Restoring Trust in the Rule of Law by : Ernst Hirsch Ballin
Download or read book Restoring Trust in the Rule of Law written by Ernst Hirsch Ballin and published by . This book was released on 2018 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law as an abstract system of rules establishes the conditions under which people in large societies can live together in peace. This is not because they all have personal trust in each other (which is obviously impossible to establish) but because they trust that living up to the rules is what normally can be expected and will be approved - and also that contraventions will be disapproved or retaliated against. This embryonic rule of law was and is the condition for any sustainable society that is too large to know each other personally. The recognition of human rights and the constitutional setup of democracies based on equal citizenship create the context for mutual trust in the rule of law. Terrorism, at least ideologically motivated all-out terrorism as we have seen it since the beginning of this century, is different: different both in its goals and in its methods, which determine each other. Its goal is to undermine trust in the rule of law in a way that is decisive for the future of the affected societies. And that might happen, regrettably, partly because some political responses to terrorism, while presenting themselves as firmly opposed to terrorism, actually give way to a destruction of trust in the rule of law. That happens when they, on their turn, also renounce the common pedigree of democracy and rule of law, arguing that the war against terrorism requires exceptional measures. The best possible, principled but also practical response to terrorism as well as to non-violent centrifugal forces can be clear: do not give up promoting the inclusive ideal of a constitution and rule of law for all.
Book Synopsis Restoring Justice by : Edward H. Levi
Download or read book Restoring Justice written by Edward H. Levi and published by University of Chicago Press. This book was released on 2013-05-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of Watergate, Gerald Ford appointed eminent lawyer and scholar Edward H. Levi to the post of attorney general—and thus gave him the onerous task of restoring legitimacy to a discredited Department of Justice. Levi was famously fair-minded and free of political baggage, and his inspired addresses during this tumultuous time were critical to rebuilding national trust. They reassured a tense and troubled nation that the Department of Justice would act in accordance with the principles underlying its name, operating as a nonpartisan organization under the strict rule of law. For Restoring Justice, Jack Fuller has carefully chosen from among Levi’s speeches a selection that sets out the attorney general’s view of the considerable challenges he faced: restoring public confidence through discussion and acts of justice, combating the corrosive skepticism of the time, and ensuring that the executive branch would behave judicially. Also included are addresses and Congressional testimonies that speak to issues that were hotly debated at the time, including electronic surveillance, executive privilege, separation of powers, antitrust enforcement, and the guidelines governing the FBI—many of which remain relevant today. Serving at an almost unprecedentedly difficult time, Levi was among the most admired attorney generals of the modern era. Published here for the first time, the speeches in Restoring Justice offer a superb sense of the man and his work.
Book Synopsis Getting to the Rule of Law by : James E. Fleming
Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Book Synopsis Restoring Rule of Law by : Adam Schoene
Download or read book Restoring Rule of Law written by Adam Schoene and published by . This book was released on 2008 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rule of Nobody: Saving America from Dead Laws and Broken Government by : Philip K. Howard
Download or read book The Rule of Nobody: Saving America from Dead Laws and Broken Government written by Philip K. Howard and published by W. W. Norton & Company. This book was released on 2014-04-14 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.
Download or read book Amendment written by H. M. Person and published by CreateSpace. This book was released on 2011-05-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no aspect of our lives that is not regulated by a distant and unaccountable federal government in Washington. If we do not comply with the government's complex and often obscure demands, it may coerce us in any way it chooses, including depriving us of our property and our liberty. The coercive nature of government today is justified by the coercers as being for our own good. Today's government is intrusive in ways completely unimaginable to the Founders of our nation, and what is worse; these changes have occurred almost entirely without the consent of the governed, which should be alarming to every American regardless of their party or ideology. Since their goal is to remake America, progressives need an "evolving" Constitution in order to evade being limited by what the Constitution actually says. While some of the justifications for an evolving Constitution may sound superficially plausible, such as the need to adapt to changing modern circumstances, the "evolving" Constitution in practice has become nothing more than a collection of peremptory pronouncements by unelected judges that have nothing to do with the Constitution as written. Almost without exception, the most divisive battles in our ongoing modern culture wars have begun with judicial activism: the separation of church and state, school prayer, pornography, abortion, affirmative action, Darwinism, immigration, gay marriage. Why is this so? The answer is simple. No elected legislature would ever dare pass laws so unpopular. However, an unaccountable judge can always be found who is willing to legislate from the bench It is time for a constitutional amendment that mandates the faithful interpretation of the Constitution. It is time that we recognize that the Constitution says what it says with a "Plain Meaning Amendment" (or "PMA"). It is the only weapon capable of cutting through the Gordian knot of spurious "constitutional law" and judicial activism in one stroke. Even better, it is easy to see how this strategy can succeed in reining in the judiciary and bringing back respect for the law where judicial nomination battles have failed.
