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Control In Constitutional Law
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Book Synopsis A Treatise on State and Federal Control of Persons and Property in the United States by : Christopher Gustavus Tiedeman
Download or read book A Treatise on State and Federal Control of Persons and Property in the United States written by Christopher Gustavus Tiedeman and published by . This book was released on 1900 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Law in the United States by : Robert A. Sedler
Download or read book Constitutional Law in the United States written by Robert A. Sedler and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Book Synopsis Democratic Dictatorship by : Arthur Selwyn Miller
Download or read book Democratic Dictatorship written by Arthur Selwyn Miller and published by Praeger. This book was released on 1981-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miller examines the evolution of the system in response to climactic social and economic changes and questions how the American political system will adapt to the crisis-filled world of the late twentieth century.
Book Synopsis The Constitutional Law of Agenda Control by : Aziz Z. Huq
Download or read book The Constitutional Law of Agenda Control written by Aziz Z. Huq and published by . This book was released on 2016 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional scholarship is preoccupied with questions of how state power should be constrained. The Constitution, however, not only sets bounds to state action, it also structures the range of policy options and the rules for making legally effective choices. This Article analyzes the ensuing constitutional law of agenda control, focusing on the distribution of such powers between the three federal branches. This analysis generates two central claims. First, the Framers incorporated an array of heterogeneous agenda control devices across the three branches in order to calibrate intragovernmental relations. These make up a hitherto ignored constitutional law of agenda control. Second, a surprising number of these constitutional agenda-setting rules have been ignored or even circumvented. Political actors have tended to negotiate alternate distributions of agenda control power at odds with the original constitutional design. While the ensuing transformation of the constitutional processes for governance has ambiguous distributive consequences, there is reason to treat the historical transformation of constitutional agenda control as on balance a desirable development.
Book Synopsis The People Themselves by : Larry Kramer
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Book Synopsis Gun Control and the Constitution by : Robert J. Cottrol
Download or read book Gun Control and the Constitution written by Robert J. Cottrol and published by Taylor & Francis. This book was released on 2023-06-14 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1993. This volume is a collection of legal and historical material of the second amendment that includes court cases and decisions, law review articles and gives a balanced view of both sides of the debate.
Book Synopsis American Constitutional Law, Volume II by : Ralph A. Rossum
Download or read book American Constitutional Law, Volume II written by Ralph A. Rossum and published by Routledge. This book was released on 2018-05-15 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the Constitution and its amendments not only grant the national and state governments sufficient power to control the governed but also oblige these governments to control themselves. It considers the distribution of power in the national government.
Book Synopsis Rule of Law, Human Rights and Judicial Control of Power by : Rainer Arnold
Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Book Synopsis The Second Amendment and Gun Control by : Kevin Yuill
Download or read book The Second Amendment and Gun Control written by Kevin Yuill and published by Routledge. This book was released on 2017-09-14 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.
Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger
Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Book Synopsis Models of Constitutional Jurisdiction by : Helmut Steinberger
Download or read book Models of Constitutional Jurisdiction written by Helmut Steinberger and published by Council of Europe. This book was released on 1993-01-01 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover: Collection: Science and technique of democracy
Book Synopsis The Role of Constitutional Law in Civilian Control of the Military by : Apinop Atipiboonsin
Download or read book The Role of Constitutional Law in Civilian Control of the Military written by Apinop Atipiboonsin and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Law in Criminal Justice by : Tina M. Fielding Fryling
Download or read book Constitutional Law in Criminal Justice written by Tina M. Fielding Fryling and published by Aspen Publishing. This book was released on 2020-02-13 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law in Criminal Justiceprovides readers with a detailed view of how the Constitution guides the actions of law enforcement officials, including police officers, judges, attorneys, and other court-related personnel. The text covers all amendments related to criminal procedure, with an emphasis on search and seizure rules and how courts interpret those rules. The text gives the history of each amendment, how the Supreme Court has interpreted each amendment, and how professionals in the criminal justice system execute the provisions of the amendments. “You Be the Judge” scenarios encourage students’ assessment of the many ways given facts relate to the Constitution. New to the Second Edition: Expanded section on methods of interpreting the Constitution New cases cover: vehicle searches (Riley v. California) blood and breath tests (Birchfield v. North Dakota) monitoring technology (Grady v. North Carolina) Updated cases in the areas of gun control and first amendment issues Professors and students will benefit from: “You be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interest, perspective, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding
Book Synopsis The German Federal Constitutional Court by : Matthias Jestaedt
Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
Book Synopsis Constitutional Law by : William Cohen
Download or read book Constitutional Law written by William Cohen and published by . This book was released on 2005 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law, Cases and Materials provides an overview of constitutional law, focusing closely on Supreme Court decisions. The casebook cites key cases in its discussions of the Courts re-emphasis on federalism disputes, racial gerrymandering, sex discrimination material, and changes in first amendment standards. Federalism dispute cases include Seminole Tribe of Florida v. Florida, United States v. Lopez, and U.S. Term Limits, Inc. v. Thornton. Racial gerrymandering cases include Adarand Constructors, Inc. v. Pena. New sex discrimination material includes J.E.B. v. Alabama ex rel. T.B. and United States v. Virginia. Changes in First Amendment standards cases include 44 Liquormart, Inc. v. Rhode Island. First Amendment limits on cable television regulation cases include Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission.Summary of Contents" Table Of Cases" Part I. The Constitution And The Courts: The Judicial Function In Constitutional CasesChapter1. The Constitution1. The Constitution of the United States of America2. History of the Adoption of the Constitution and Its Most Significant Amendments2. Judicial Review1. The Legitimacy of Judicial Review2. Congressional Control of Judicial Review by the Federal Courts3. The Jurisdiction of Federal Courts in Constitutional Cases1. Supreme Court Review of State Court Decisions2. Constitutional Litigation Initiated in the Federal Courts3. Cases and Controversies and Justiciability" Part II. Allocation of Governmental Powers: The Nation and the States; The President, The Congress, and the Courts4. The Scope of National Power1. The Constitutional Convention and the Establishment of a National Government2. Sources of National Power: Early Developments3. The Scope of National Power Today5. State Sovereignty and Federal Regulation1. State Immunity From Federal Regulation2. Enforcement of Federal Rights in Suits Against State Officers: The Eleventh Amendment6. The Scope of State Power1. Introduction2. Discrimination Against Interstate Commerce3. Implied Restrictions of the Commerce ClauseTransportation4. Implied Restrictions of the Commerce ClauseProduction and Trade5. Effect of Other Constitutional Provisions on State Regulatory Power6. Preemption of State Legislation By Federal LegislationThe Impact of the Supremacy Clause7. Separation of Powers1. The Presidents Power to Determine National Policy2. Congressional Interference With Presidential Prerogatives3. Presidential Immunities" Part III. Government and the Individual: The Protection of Liberty and Property Under the Due Process and Equal Protection Clauses8. The Bill of Rights, The Civil War Amendments and Their InterRelationship1. The PreCivil War Background2. The Initial Interpretation of the Civil War Amendments3. Application of the Bill of Rights to the States9. The Due Process, Contract, and Just Compensation Clauses and the Review of the Reasonableness of Legislation1. Economic Regulatory Legislation2. Protection of Personal Liberties10. The Equal Protection Clause and the Review of the Reasonableness of Legislation1. IntroductionThe Scope of Equal Protection2. Social and Economic Regulatory Legislation3. Suspect Classifications4. Protection of Personal Liberties11. Defining the Scope of "Liberty" and "Property" Protected By the Due Process ClauseThe Procedural Due Process Cases1. When Does Due Process Mandate Constitutional Procedures?2. Procedural Due Process and Irrebuttable Presumptions12. Application of the Post Civil War Amendments to Private Conduct: Congressional Power to Enforce the Amendments1. Early Interpretation2. Application of the Constitution to Private Conduct3. Federal Civil Rights Legislation4. Federal Power to Regulate Private Conduct Under the Thirteenth Amendment5. Federal Power to Regulate Private Conduct Under the Fourteenth Amendment6. The Scope of Congressional Power to Redefine the Amendments" Part IV. Constitutional Protection of Expression and Conscience13. Governmental Control of the Content of Expression1. An Introduction to Problems of Content Control of Speech2. Intermezzo: An Introduction to the Concepts of Vagueness, Overbreadth and Prior Restraint3. Speech Conflicting With Other Community Values: Government Control of the Content of Speech14. Restrictions on Time, Place, or Manner of Expression1. The Traditional Public Forum: Speech Activities in Streets and Parks2. The NonTraditional ForumSpeech Activities in Public Property Other Than Parks and Streets3. Speech on Private Premises4. Speech in the Public Schools5. Government Subsidies to Speech15. Protection of Penumbral First Amendment Rights1. Symbolic Speech2. Compelled Affirmation of Belief3. Freedom of Association4. Application of the First Amendment to Government Regulation of Elections5. Speech and Association Rights of Government Employees16. Freedom of the Press1. Introduction2. Restraints on Editorial Judgment3. Prohibition of Publication of Government Information4. Government Demands for Confidential Press Information5. Press Access to Government Information6. Special Problems of the Electronic Media17. Religion and the Constitution1. The Establishment Clause2. The Free Exercise of Religion" Appendix" Index
Book Synopsis The Supreme Court and the Constitution by : Charles A. Beard
Download or read book The Supreme Court and the Constitution written by Charles A. Beard and published by Courier Corporation. This book was released on 2012-07-17 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thorough analysis of the early history and development of judicial review, this book by a preeminent scholar ranks among the most cited and highly regarded texts on law and government.
Book Synopsis Constitutional Law by : William Banks
Download or read book Constitutional Law written by William Banks and published by . This book was released on 2023-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for professors that teach from major Supreme Court cases, the new eighth edition of Constitutional Law: Structure and Rights in Our Federal System includes the high-profile decisions of the Court's 2022-2023 term while reducing the overall length of the book significantly. The result is an eminently teachable casebook that provides excellent coverage for the traditional 1L course on constitutional law. Traditional in scope, with full coverage of both the structure of government issues and individual rights, Constitutional Law: Structure and Rights in Our Federal System emphasizes cutting-edge controversies by presenting problems that help synthesize the cases on gun control, abortion, and race and gender discrimination, among others. The new edition makes heavy use of contemporary constitutional conflicts to present in a vivid manner the cases and notes traditionally covered in comprehensive constitutional law courses, including case studies on issues such as gun control, student loan waivers, problems in the special counsel investigations of a future president, the Court's resolution of which branch controls recognition of Jerusalem in providing passports, and controversies surrounding the Affordable Care Act.
