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The Informal Constitution
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Book Synopsis The Informal Constitution by : Abhinav Chandrachud
Download or read book The Informal Constitution written by Abhinav Chandrachud and published by Oxford University Press. This book was released on 2020-11-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
Book Synopsis The Informal Constitution by : Abhinav Chandrachud
Download or read book The Informal Constitution written by Abhinav Chandrachud and published by . This book was released on 2020-07-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria whichare used for appointing judges to the Supreme Court: age, seniority, and diversity. This book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
Book Synopsis The Birth of the Constitution by : Donald Barr Chidsey
Download or read book The Birth of the Constitution written by Donald Barr Chidsey and published by . This book was released on 1969 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Extraordinary Racial Politics by : Fred Lee
Download or read book Extraordinary Racial Politics written by Fred Lee and published by Temple University Press. This book was released on 2018-09-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extraordinary racial politics rupture out of and reset everyday racial politics. In his cogent book, Fred Lee examines four unusual, episodic, and transformative moments in U.S. history: the 1830s–1840s southeastern Indian removals, the Japanese internment during World War II, the post-war civil rights movement, and the 1960s–1970s racial empowerment movements. Lee helps us connect these extraordinary events to both prior and subsequent everyday conflicts. Extraordinary Racial Politics brings about an intellectual exchange between ethnic studies, which focuses on quotidian experiences and negotiations, and political theory, which emphasizes historical crises and breaks. In ethnic studies, Lee draws out the extraordinary moments in Michael Omi and Howard Winant’s as well as Charles Mills’s accounts of racial formation. In political theory, Lee considers the strengths and weaknesses of using Carl Schmitt’s and Hannah Arendt’s accounts of public constitution to study racial power. Lee concludes that extraordinary racial politics represent both the promises of social emancipation and the perils of state power. This promise and peril characterizes our contentious racial present.
Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar
Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.
Book Synopsis Making Constitutions in Deeply Divided Societies by : Hanna Lerner
Download or read book Making Constitutions in Deeply Divided Societies written by Hanna Lerner and published by Cambridge University Press. This book was released on 2011-05-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Book Synopsis Constitutional Amendments by : Richard Albert
Download or read book Constitutional Amendments written by Richard Albert and published by Oxford University Press. This book was released on 2019-07-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Book Synopsis Shh! we're writing the Constitution by : Jean Fritz
Download or read book Shh! we're writing the Constitution written by Jean Fritz and published by Nám. This book was released on 1990 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Book Synopsis Engineering Constitutional Change by : Xenophōn I. Kontiadēs
Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Book Synopsis Constitutions in Authoritarian Regimes by : Tom Ginsburg
Download or read book Constitutions in Authoritarian Regimes written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2014 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Book Synopsis Stealth of Nations by : Robert Neuwirth
Download or read book Stealth of Nations written by Robert Neuwirth and published by Anchor. This book was released on 2011-10-18 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: • Thousands of Africans head to China each year to buy cell phones, auto parts, and other products that they will import to their home countries through a clandestine global back channel. • Hundreds of Paraguayan merchants smuggle computers, electronics, and clothing across the border to Brazil. • Scores of laid-off San Franciscans, working without any licenses, use Twitter to sell home-cooked foods. • Dozens of major multinationals sell products through unregistered kiosks and street vendors around the world. When we think of the informal economy, we tend to think of crime: prostitution, gun running, drug trafficking. Stealth of Nations opens up this underground realm, showing how the worldwide informal economy deals mostly in legal products and is, in fact, a ten-trillion-dollar industry, making it the second-largest economy in the world, after that of the United States. Having penetrated this closed world and persuaded its inhabitants to open up to him, Robert Neuwirth makes clear that this informal method of transaction dates back as far as humans have existed and traded, that it provides essential services and crucial employment that fill the gaps in formal systems, and that this unregulated market works smoothly and effectively, with its own codes and unwritten rules. Combining a vivid travelogue with a firm grasp on global economic strategy—along with a healthy dose of irreverence and skepticism toward conventional perceptions—Neuwirth gives us an eye-opening account of a world that is always operating around us, hidden in plain sight.
Book Synopsis Our Undemocratic Constitution by : Sanford Levinson
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer
Book Synopsis The Political Dimension of Constitutional Law by : Miguel Nogueira de Brito
Download or read book The Political Dimension of Constitutional Law written by Miguel Nogueira de Brito and published by Springer Nature. This book was released on 2020-03-21 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.
Book Synopsis Ideas with Consequences by : Amanda Hollis-Brusky
Download or read book Ideas with Consequences written by Amanda Hollis-Brusky and published by Studies in Postwar American Po. This book was released on 2015 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
Book Synopsis Routledge Handbook of Comparative Constitutional Change by : Xenophon Contiades
Download or read book Routledge Handbook of Comparative Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2020-06-11 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Book Synopsis Supreme Whispers by : Abhinav Chandrachud
Download or read book Supreme Whispers written by Abhinav Chandrachud and published by Penguin/Viking. This book was released on 2018 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Gadbois visited India ... conducted over 116 interviews ..."--Front flap.
