When The Rule Of Law And Constitutionalism Become A Mirage

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The Constitution of Liberty

Author : F.A. Hayek
Publisher : Routledge
ISBN 13 : 0429637977
Total Pages : 588 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis The Constitution of Liberty by : F.A. Hayek

Download or read book The Constitution of Liberty written by F.A. Hayek and published by Routledge. This book was released on 2020-06-29 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1960, The Constitution of Liberty delineates and defends the principles of a free society and traces the origin, rise, and decline of the rule of law. Casting a skeptical eye on the growth of the welfare state, Hayek examines the challenges to freedom posed by an ever expanding government as well as its corrosive effect on the creation, preservation, and utilization of knowledge. In distinction to those who confidently call for the state to play a greater role in society, Hayek puts forward a nuanced argument for prudence. Guided by this quality, he elegantly demonstrates that a free market system in a democratic polity—under the rule of law and with strong constitutional protections of individual rights—represents the best chance for the continuing existence of liberty. Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.

Legitimacy

Author : Arthur Isak Applbaum
Publisher : Harvard University Press
ISBN 13 : 0674983467
Total Pages : 305 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Legitimacy by : Arthur Isak Applbaum

Download or read book Legitimacy written by Arthur Isak Applbaum and published by Harvard University Press. This book was released on 2019-11-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.

Originalism and the Good Constitution

Author : John O. McGinnis
Publisher : Harvard University Press
ISBN 13 : 067472626X
Total Pages : 309 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

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 President and Immigration Law

Author : Adam B. Cox
Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The President and Immigration Law by : Adam B. Cox

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Law, Legislation and Liberty, Volume 3

Author : F. A. Hayek
Publisher : University of Chicago Press
ISBN 13 : 0226320901
Total Pages : 261 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Law, Legislation and Liberty, Volume 3 by : F. A. Hayek

Download or read book Law, Legislation and Liberty, Volume 3 written by F. A. Hayek and published by University of Chicago Press. This book was released on 1978 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a study of American women's responses to evolutionary theory and illuminates the role science played in the nineteenth-century women's rights movement. Here the author reveals how a number of nineteenth-century women, raised on the idea that Eve's sin forever fixed women's subordinate status, embraced Darwinian evolution, especially sexual selection theory as explained in The Descent of Man, as an alternative to the creation story in Genesis. The author chronicles the lives and writings of the women who combined their enthusiasm for evolutionary science with their commitment to women's rights, including Antoinette Brown Blackwell, Eliza Burt Gamble, Helen Hamilton Gardener, Charlotte Perkins Gilman, and Elizabeth Cady Stanton. These Darwinian feminists believed evolutionary science proved that women were not inferior to men, that it was natural for mothers to work outside the home, and that women should control reproduction. The practical applications of this evolutionary feminism came to fruition, it si shown, in the early thinking and writing of the American birth control pioneer Margaret Sanger. In contrast to the extensive scholarship that has been dedicated to analyzing what Darwin and other males evolutionists had to say about women, this work offers information on what women themselves had to say about evolution. -- From book jacket.

Military, Politics and Democratization in Southern Africa

Author : Tendai Chari
Publisher : Springer Nature
ISBN 13 : 3031352297
Total Pages : 289 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis Military, Politics and Democratization in Southern Africa by : Tendai Chari

Download or read book Military, Politics and Democratization in Southern Africa written by Tendai Chari and published by Springer Nature. This book was released on 2023-09-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores multiple challenges faced by democratization in Southern Africa. Applying a wider lens to the concept of political transition and employing a variety of theoretical and methodological approaches, the contributions gathered here explore residual political cultural practices that hinder democratic consolidation in Southern Africa. Presenting various case studies, the book tackles themes such as the military-political nexus, leadership renewal, constitutionalism, electoral politics, election violence, marginalization of women, civil society and political transition, media framing and transitional justice. Written from a multidisciplinary perspective and drawing on empirical data from multiple sources, this edited volume challenges orthodox conceptualizations of political transition. The book will be of interest to students and scholars of political science, African studies, and related fields, as well as policy-makers and professionals interested in the latest political developments in Southern Africa.

Beyond the Constitution

Author : Hadley Arkes
Publisher : Princeton University Press
ISBN 13 : 9780691025544
Total Pages : 296 pages
Book Rating : 4.0/5 (255 download)

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Book Synopsis Beyond the Constitution by : Hadley Arkes

Download or read book Beyond the Constitution written by Hadley Arkes and published by Princeton University Press. This book was released on 1992-09-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

The Rule of Law in America

Author : Ronald A. Cass
Publisher : JHU Press
ISBN 13 : 9780801874413
Total Pages : 234 pages
Book Rating : 4.8/5 (744 download)

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Book Synopsis The Rule of Law in America by : Ronald A. Cass

Download or read book The Rule of Law in America written by Ronald A. Cass and published by JHU Press. This book was released on 2001 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon extensive experience in law, government service, teaching, and research, Ronald Cass offers a contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." This book provides a corrective to criticism of the American legal system raised all too frequently by some members of the academy. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The rule of law in America offers a look at a subject of interest to legal scholars and general readers alike.

Law and Legitimacy in the Supreme Court

Author : Richard H. Fallon
Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Defending Checks and Balances in EU Member States

Author : Armin von Bogdandy
Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Judicial Review in an Objective Legal System

Author : Tara Smith
Publisher : Cambridge University Press
ISBN 13 : 1107114497
Total Pages : 303 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Judicial Review in an Objective Legal System by : Tara Smith

Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-07-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

The Oxford Handbook of Comparative Constitutional Law

Author : Michel Rosenfeld
Publisher : OUP Oxford
ISBN 13 : 0191640174
Total Pages : 1981 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Comparative Constitutional Law by : Michel Rosenfeld

Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1981 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Politics, Justice & the Rule of Law

Author : Nihal Sri Ameresekere
Publisher : AuthorHouse
ISBN 13 : 1481781766
Total Pages : 825 pages
Book Rating : 4.4/5 (817 download)

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Book Synopsis Politics, Justice & the Rule of Law by : Nihal Sri Ameresekere

Download or read book Politics, Justice & the Rule of Law written by Nihal Sri Ameresekere and published by AuthorHouse. This book was released on 2013 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the most controversial Book, containing complex shocking revelations, in the series of Books by the Author, wherein most difficult topics are excellently and diligently dealt with, exposing realities in politics, and non-dispensation of justice, with judiciary acting sans jurisdiction, ultra-vires the Constitution, denying natural justice, making a mockery of the `rule of law', paying scant regard to United Nations Conventions on Human Rights. The range of cases and topics dealt with is indeed amazing making exhorbing reading. Commencing with his own exposure to politics, paying high tribute to minority Tamils in Sri Lanka, the Author brings out stunning prevalent reality. Makes startling disclosures on Sri Lanka's most controversial Presidential Election of 2010, and incarceration, as a villain, a Presidential Candidate, a trusted Army General, once hailed, as the `best Army General in Asia', having led the country's armed forces to crush one of the most feared terrorists organizations, internationally banned, Liberation Tigers of Tamil Elam. The most difficult and delicate subject of `judicial bias and disqualification' at highest levels of the judiciary is dealt with, including the controversy which reverberated on the endeavour by the Legislature to impeach a Chief Justice, whose husband, having held high profile political office, was impleaded in a dubious share scandal, involving the country's leading Savings Bank. Author incisively delves into an important case of abduction of a Tamil businessman, and the horrendous anonymous allegations of trading in human body parts, during the war against the terrorists, allegedly with Indian and Israeli connections. Author analyses real case studies, involving foreign investments, demonstrating classic instances of dubious judicial processes, including subversion of action, vis-à-vis, fabricated forged documents of public officers tendered to Court, involving questionable professional conduct, and indifference by law enforcement authorities, including Attorney General, Chief Law Officer of the State.

On the Rule of Law

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 9780521604659
Total Pages : 196 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis On the Rule of Law by : Brian Z. Tamanaha

Download or read book On the Rule of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2004-11-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

Plunder

Author : Ugo Mattei
Publisher : John Wiley & Sons
ISBN 13 : 1405178949
Total Pages : 306 pages
Book Rating : 4.4/5 (51 download)

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Book Synopsis Plunder by : Ugo Mattei

Download or read book Plunder written by Ugo Mattei and published by John Wiley & Sons. This book was released on 2008-03-17 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?

Constitutionalism and Democracy

Author : Richard Bellamy
Publisher : Routledge
ISBN 13 : 135157115X
Total Pages : 622 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Constitutionalism and Democracy by : Richard Bellamy

Download or read book Constitutionalism and Democracy written by Richard Bellamy and published by Routledge. This book was released on 2017-07-05 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.