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The Flexible Constitution
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Book Synopsis The Flexible Constitution by : Sean Wilson
Download or read book The Flexible Constitution written by Sean Wilson and published by Rowman & Littlefield. This book was released on 2013 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views o...
Book Synopsis The Failure of Popular Constitution Making in Turkey by : Zeynep Yanasmayan
Download or read book The Failure of Popular Constitution Making in Turkey written by Zeynep Yanasmayan and published by Cambridge University Press. This book was released on 2020-01-16 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Book Synopsis A More Perfect Constitution by : Larry J. Sabato
Download or read book A More Perfect Constitution written by Larry J. Sabato and published by Bloomsbury Publishing USA. This book was released on 2010-07-23 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.
Book Synopsis The Living Constitution by : David A. Strauss
Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Book Synopsis The Endurance of National Constitutions by : Zachary Elkins
Download or read book The Endurance of National Constitutions written by Zachary Elkins and published by Cambridge University Press. This book was released on 2009-10-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis Studies in History and Jurisprudence by : James Bryce Bryce (Viscount)
Download or read book Studies in History and Jurisprudence written by James Bryce Bryce (Viscount) and published by . This book was released on 1901 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Principles and Theory of Political Science by : Urmila Sharma & S.K. Sharma
Download or read book Principles and Theory of Political Science written by Urmila Sharma & S.K. Sharma and published by Atlantic Publishers & Dist. This book was released on 2000 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Deals With The Principles And The Theory Of Political Science. Besides The Introductory Portion Including Definition, Scope, Value, Nature And Methods Of Political Science, This Book Includes The Discussion On All Those Topics Which Find A Place In The Syllabi Of Political Theory Or Principles Of Political Science In Any Indian University. These Include : Political Power, Behavioural And Post-Behavioural Revolutions, The State, The Rise And Growth Of Nation States, The Political System, Sovereignty, Monist And Pluralist View Of Sovereignty, The Theory Of Rights, Concepts Of Liberty, Concept Of Equality, Law And International Law, Concept Of Property, Concept Of Justice, Political Obligation, Political Revolution, Punishment Etc.As Political Sociology Is Today An Integral Part Of Political Science, This Book Deals With The Main Concepts Of Political Sociology Including Political Development, Political Culture, Political Socialisation, Political Participation, Political Recruitment, Political Elites, Political Alienation, Political Communication, Political Legitimacy And Effectiveness And Bureaucracy.Principles Of Political Science Deal With The Theories Of State And Government. Thus, This Book Discusses Forms Of Government, Democracy, Socialism, Marxism, Syndicalism, Guild Socialism, Evolutionary Socialism, Fabianism, Anarchism, Fascism, Liberalism, Individualism And Sarvodaya. A Bibliography Has Been Given At The End For Those Who Desire To Go To Originals And Have A Wide Study Of The Subjects.
Book Synopsis Living Originalism by : Jack M. Balkin
Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Book Synopsis Semblances of Sovereignty by : T. Alexander Aleinikoff
Download or read book Semblances of Sovereignty written by T. Alexander Aleinikoff and published by Harvard University Press. This book was released on 2009-07-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.
Book Synopsis Not a Suicide Pact by : Richard A. Posner
Download or read book Not a Suicide Pact written by Richard A. Posner and published by Oxford University Press. This book was released on 2006-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.
Book Synopsis We Have Not a Government by : George William Van Cleve
Download or read book We Have Not a Government written by George William Van Cleve and published by University of Chicago Press. This book was released on 2019-04-05 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1783, as the Revolutionary War came to a close, Alexander Hamilton resigned in disgust from the Continental Congress after it refused to consider a fundamental reform of the Articles of Confederation. Just four years later, that same government collapsed, and Congress grudgingly agreed to support the 1787 Philadelphia Constitutional Convention, which altered the Articles beyond recognition. What occurred during this remarkably brief interval to cause the Confederation to lose public confidence and inspire Americans to replace it with a dramatically more flexible and powerful government? We Have Not a Government is the story of this contentious moment in American history. In George William Van Cleve’s book, we encounter a sharply divided America. The Confederation faced massive war debts with virtually no authority to compel its members to pay them. It experienced punishing trade restrictions and strong resistance to American territorial expansion from powerful European governments. Bitter sectional divisions that deadlocked the Continental Congress arose from exploding western settlement. And a deep, long-lasting recession led to sharp controversies and social unrest across the country amid roiling debates over greatly increased taxes, debt relief, and paper money. Van Cleve shows how these remarkable stresses transformed the Confederation into a stalemate government and eventually led previously conflicting states, sections, and interest groups to advocate for a union powerful enough to govern a continental empire. Touching on the stories of a wide-ranging cast of characters—including John Adams, Patrick Henry, Daniel Shays, George Washington, and Thayendanegea—Van Cleve makes clear that it was the Confederation’s failures that created a political crisis and led to the 1787 Constitution. Clearly argued and superbly written, We Have Not a Government is a must-read history of this crucial period in our nation’s early life.
Book Synopsis Strangers to the Constitution by : Gerald L. Neuman
Download or read book Strangers to the Constitution written by Gerald L. Neuman and published by Princeton University Press. This book was released on 2010-07-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Book Synopsis The Strategic Constitution by : Robert D. Cooter
Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
Book Synopsis The Transatlantic Constitution by : Mary Sarah Bilder
Download or read book The Transatlantic Constitution written by Mary Sarah Bilder and published by Harvard University Press. This book was released on 2008-03-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture.
