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Author : Hermann Wellenreuther
Publisher :
ISBN 13 :
Total Pages : 527 pages
Book Rating : 4.:/5 (61 download)
Download or read book German and American Constitutional Thought written by Hermann Wellenreuther and published by . This book was released on 1989 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hermann Wellenreuther
Publisher : Bloomsbury Academic
ISBN 13 :
Total Pages : 552 pages
Book Rating : 4.:/5 (49 download)
Download or read book German and American Constitutional Thought written by Hermann Wellenreuther and published by Bloomsbury Academic. This book was released on 1990-05-22 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Hermann Wellenreuther, this book sees legal, political and social historians compare the constitutional histories of Germany and the United States, concentrating on Federalism, the idea of a ruler, civil rights, national unity and change in industrial societies that affected the development of their respective constitutions. The authors identify relevant factors common to both countries and explain why their respective developments diverged.Germany and the USA - The Krefeld Historical Symposia
Author : Peter C. Caldwell
Publisher : Duke University Press
ISBN 13 : 9780822319887
Total Pages : 324 pages
Book Rating : 4.3/5 (198 download)
Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author : Carl Schmitt
Publisher : Duke University Press
ISBN 13 : 9780822390589
Total Pages : 492 pages
Book Rating : 4.3/5 (95 download)
Download or read book Constitutional Theory written by Carl Schmitt and published by Duke University Press. This book was released on 2008-01-23 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Author : Edward J. Eberle
Publisher : Praeger
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.4/5 (91 download)
Download or read book Dignity and Liberty written by Edward J. Eberle and published by Praeger. This book was released on 2002 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a balance between the aspirations of individual freedom and the demands of organized society is a central quest of constitutional law. Germany and America provide different paths toward accomplishment of this equilibrium, revealing two paths to freedom and its relation to community. This work is addressed to philosophers of law, political theorists, constitutional lawyers, and everyone interested in protecting human rights and learning the meaning of human personality and freedom as expressed in democratic constitutional regimes. Eberle challenges current thinking in the field by setting out alternative visions of human freedom, dignity, personality and expression; demonstrating that use of comparative methodology has much to offer critical examination of major constitutional and public policy issues; and showing that different conceptions of fundamental ideas are possible. Exploring the nature of human personality as reflected in the constitutional law of two important constitutional democracies, Eberle inquires into human values and human freedom, across national borders, in pursuit of a better understanding of human potential and the nature and limit of freedom. The central personality traits examined comprise human dignity; autonomy; self-determination and identity, including privacy, computer privacy, control over personal information, and maintenance of one's image, words, and reputation; abortion; and freedom of expression, including defamation, offensive speech, hate speech, and burning of the flag. The book weaves between German and American law in examining these questions, providing a unique comparative perspective on the idea of human personality and freedom.
Author : Hermann Wellenreuther
Publisher : Bloomsbury Academic
ISBN 13 :
Total Pages : 552 pages
Book Rating : 4.3/5 (91 download)
Download or read book German and American Constitutional Thought written by Hermann Wellenreuther and published by Bloomsbury Academic. This book was released on 1990-05-22 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Hermann Wellenreuther, this book sees legal, political and social historians compare the constitutional histories of Germany and the United States, concentrating on Federalism, the idea of a ruler, civil rights, national unity and change in industrial societies that affected the development of their respective constitutions. The authors identify relevant factors common to both countries and explain why their respective developments diverged.Germany and the USA - The Krefeld Historical Symposia
Author : Mark Somos
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (11 download)
Download or read book George Ticknor’s Progress of Politicks (1816) written by Mark Somos and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
ISBN 13 : 0465029574
Total Pages : 644 pages
Book Rating : 4.4/5 (65 download)
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.
Author : Scott J. Hammond
Publisher :
ISBN 13 : 9780872207875
Total Pages : 1236 pages
Book Rating : 4.2/5 (78 download)
Download or read book Classics of American Political and Constitutional Thought written by Scott J. Hammond and published by . This book was released on 2007 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt: From James I's Address Before Parliament (1610) to Joseph R. Biden, Jr.'s Learned Hand Dinner Address Before the American Jewish Committee (2005), this two-volume set offers an unparalleled selection of key texts from the history of American political and constitutional thought.
Author : Thomas E. Mann
Publisher : Basic Books
ISBN 13 : 0465096735
Total Pages : 273 pages
Book Rating : 4.4/5 (65 download)
Download or read book It's Even Worse Than It Looks written by Thomas E. Mann and published by Basic Books. This book was released on 2016-04-05 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acrimony and hyperpartisanship have seeped into every part of the political process. Congress is deadlocked and its approval ratings are at record lows. America's two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime.In It's Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress -- and the United States -- to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call &"asymmetric polarization," with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost.With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no &"silver bullet"; reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.
Author : Jamal Greene
Publisher : Houghton Mifflin
ISBN 13 : 1328518116
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author : Leonard Krieger
Publisher : ACLS History E-Book Project
ISBN 13 : 9781597405195
Total Pages : 0 pages
Book Rating : 4.4/5 (51 download)
Download or read book The German Idea of Freedom written by Leonard Krieger and published by ACLS History E-Book Project. This book was released on 2008-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David M. Beatty
Publisher : Oxford University Press, USA
ISBN 13 : 9780199269808
Total Pages : 228 pages
Book Rating : 4.2/5 (698 download)
Download or read book The Ultimate Rule of Law written by David M. Beatty and published by Oxford University Press, USA. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Author : Matthias Jestaedt
Publisher : Oxford University Press
ISBN 13 : 0192512102
Total Pages : 257 pages
Book Rating : 4.1/5 (925 download)
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.
Author : Jonathan Gienapp
Publisher : Harvard University Press
ISBN 13 : 067498952X
Total Pages : 402 pages
Book Rating : 4.6/5 (749 download)
Download or read book The Second Creation written by Jonathan Gienapp and published by Harvard University Press. This book was released on 2018-10-09 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.
Author : Daniel Lee
Publisher : Oxford University Press
ISBN 13 : 0191062456
Total Pages : 394 pages
Book Rating : 4.1/5 (91 download)
Download or read book Popular Sovereignty in Early Modern Constitutional Thought written by Daniel Lee and published by Oxford University Press. This book was released on 2016-02-18 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
