Constitutionalism and Dictatorship

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Publisher : Cambridge University Press
ISBN 13 : 1139433628
Total Pages : 371 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Constitutionalism and Dictatorship by : Robert Barros

Download or read book Constitutionalism and Dictatorship written by Robert Barros and published by Cambridge University Press. This book was released on 2002-07-04 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973–1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.

Constitutions in Authoritarian Regimes

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Publisher : Cambridge University Press
ISBN 13 : 1107047668
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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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.

Congressional Record

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Publisher :
ISBN 13 :
Total Pages : 1324 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Congressional Record by : United States. Congress

Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1968 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Democracy and Distrust

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Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Democracy and Distrust by : John Hart Ely

Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Government Code

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Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Government Code by : Texas

Download or read book Government Code written by Texas and published by . This book was released on 2000 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Conservatives and the Constitution

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Publisher : Cambridge University Press
ISBN 13 : 0521193109
Total Pages : 431 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Conservatives and the Constitution by : Ken I. Kersch

Download or read book Conservatives and the Constitution written by Ken I. Kersch and published by Cambridge University Press. This book was released on 2019-03-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

Democratic Theories and the Constitution

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Publisher : State University of New York Press
ISBN 13 : 1438401841
Total Pages : 416 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Democratic Theories and the Constitution by : Martin Edelman

Download or read book Democratic Theories and the Constitution written by Martin Edelman and published by State University of New York Press. This book was released on 1985-06-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the government of the United States is traditionally viewed as a democracy, there is considerable disagreement about what democracy means and implies. In a comprehensive study Professor Edelman examines the three democratic paradigms most prevalent in America today: natural rights, contract, and competition. Theories based on these paradigms lead to different ideas of democracy, each of which yields variant interpretations of the Constitution. This close relationship between democratic theories and constitutional interpretations is analyzed in an extensive historical introduction, which focuses on some of the major thinkers in American history. Edelman's discussion shows that neither the Constitution nor the development of American political thought can serve as an authoritative basis for any one theory of democracy. Instead of a particular theory, the historical constant was an appeal to reason inherent in our basic charter. In his methodological section, Edelman argues that we must use reason to clarify the latent values inherent in the differing concepts of democracy and the consequences that flow from them. He analyzes judicial ideas in the light of three concepts deemed central to any democratic theory—citizenship, political participation, and political freedom—and concludes with a balanced account of contemporary democratic theories, the constitutional theories related to them, and a critique of both.

The Oxford Handbook of the Canadian Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190664819
Total Pages : 1169 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Crawford Oliver

Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Crawford Oliver and published by Oxford University Press. This book was released on 2017 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Taking Back the Constitution

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Publisher : Yale University Press
ISBN 13 : 0300252900
Total Pages : 321 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Taking Back the Constitution by : Mark Tushnet

Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Keeping Faith with the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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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 274 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.

Constitutional Democracy

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Publisher : Routledge
ISBN 13 : 0429716982
Total Pages : 419 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Constitutional Democracy by : Fred Eidlin

Download or read book Constitutional Democracy written by Fred Eidlin and published by Routledge. This book was released on 2019-03-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: A frequent criticism of contemporary political science is that empirical research too seldom is combined with in-depth inquiry into the philosophical, historical, and legal foundations of the societies it seeks to understand. Others suggest that political scientists specializing in U.S. government too rarely collaborate with those who study other countries. The contributions in this volume belie these claims. The authors, all colleagues, students, and friends of Henry W. Ehrmann, represent the U.S., France, Germany, and Canada, the four countries in which Dr. Ehrmann has lived. The essays reflect the breadth and scope of Ehrmann's work as a teacher, scholar, and political activist. The contributions to this volume cover a broad range of topics, among them political theory and methodology of comparative politics and the interrelationships of economic, social, historical, and political developments, and include theoretically oriented studies of such problems as interest group politics, political culture, and parties. Integrating constitutional law and political philosophy with comparative sociological and historical research and theory, Henry Ehrmann's approach to teaching and research sets an excellent example for the contemporary study of political science.

Monthly Catalog of United States Government Publications

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Publisher :
ISBN 13 :
Total Pages : 1060 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Monthly Catalog of United States Government Publications by :

Download or read book Monthly Catalog of United States Government Publications written by and published by . This book was released on 1982 with total page 1060 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Appearances and Activities of Leading Chinese Officials

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Publisher :
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Appearances and Activities of Leading Chinese Officials by : National Foreign Assessment Center (U.S.)

Download or read book Appearances and Activities of Leading Chinese Officials written by National Foreign Assessment Center (U.S.) and published by . This book was released on 1981 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Gun Control and Constitutional Rights

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Publisher :
ISBN 13 :
Total Pages : 756 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Gun Control and Constitutional Rights by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Gun Control and Constitutional Rights written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1981 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutional Convention of 1787 [2 volumes]

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 1851096744
Total Pages : 1118 pages
Book Rating : 4.8/5 (51 download)

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Book Synopsis The Constitutional Convention of 1787 [2 volumes] by : John R. Vile

Download or read book The Constitutional Convention of 1787 [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2005-06-24 with total page 1118 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first encyclopedic treatment of the personalities, politics, and events involved in drafting the U.S. Constitution. This comprehensive treatment of all the personalities, philosophies, debates, and compromises involved in drafting the U.S. Constitution is the first encyclopedic work on the subject, compiling information into an easily accessible A–Z format. Biographies of all 55 delegates, analysis of the competing political viewpoints, procedural and substantive disputes, along with a host of other details are all presented here. Both the detail and the scholarship in this book are unmatched in any other work; the encyclopedic presentation simply does not exist elsewhere. Civil liberties, the scope of authority of the three branches of government, and other constitutional matters are increasingly at the forefront of public discussion. Scholars, citizens interested in self-education, and reference librarians faced with questions about the Constitution will find in this book all they require to answer their needs.

Law, Capitalism and Power in Asia

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Publisher : Routledge
ISBN 13 : 1134738250
Total Pages : 364 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Law, Capitalism and Power in Asia by : Kanishka Jayasuriya

Download or read book Law, Capitalism and Power in Asia written by Kanishka Jayasuriya and published by Routledge. This book was released on 2006-06-19 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A challenging and provocative book that contests the liberal assumption that the rule of law will go hand in hand with a transition to market-based economies and even democracy in East Asia. Using case studies from Hong Kong, China, Indonesia, Malaysia, Taiwan, Japan and Vietnam, the authors argue that the rule of law is in fact more likely to provide political elites with the means closely to control civil society. It is essential, therefore, to locate conceptions of judicial independence and the rule of law more generally within the ideological vocabulary of the state.

Pious Passion

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Publisher : Univ of California Press
ISBN 13 : 0520074645
Total Pages : 275 pages
Book Rating : 4.5/5 (2 download)

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Book Synopsis Pious Passion by : Martin Riesebrodt

Download or read book Pious Passion written by Martin Riesebrodt and published by Univ of California Press. This book was released on 1998-06 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For all who want to make sense of fundamentalism as a long-term consequence of the modern world, Pious Passion will be required reading. It is also enjoyable, abounding in cogent arguments set forth in lucid prose and supported by compelling examples."—Bruce B. Lawrence, author of Defenders of God "Riesebrodt's trenchant analysis brings the comparative study of religious activism to a new level of sophistication, exploring not only the ideological development of fundamentalist movements but also the changes in social structure that produced them. Pious Passion is a signal event in the modern social sciences, for it helps to establish a new academic field—the comparative study of fundamentalism."—Mark Juergensmeyer, author of The New Cold War?