Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Legal Theory In The Crucible Of Constitutional Justice
Download Legal Theory In The Crucible Of Constitutional Justice full books in PDF, epub, and Kindle. Read online Legal Theory In The Crucible Of Constitutional Justice ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Legal Theory in the Crucible of Constitutional Justice by : Rory O'Connell
Download or read book Legal Theory in the Crucible of Constitutional Justice written by Rory O'Connell and published by Routledge. This book was released on 2017-12-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book demonstrates how constitutional judgements rely upon unarticulated political commitments. Decisions do not rely just on the formal sources of law, but also unacknowledged political morality as part of the nature of law itself. Examining this link will enable lawyers to understand how the criteria of political moral arguments affect and are affected by, legal arguments. This interaction between law and morality allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.
Book Synopsis Legal Theory in the Crucible of Constitutional Justice by : Rory O'Connell
Download or read book Legal Theory in the Crucible of Constitutional Justice written by Rory O'Connell and published by Dartmouth Publishing Company. This book was released on 2000 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexual morality) and Italy (religion), this book examines how constitutional judgements rely upon unarticulated political commitments. This interaction between "law" and "morality" allows us to escape the dichotomy of natural law versus positivism in a time when judges increasingly act as moral guardians.
Book Synopsis The Constitutional Balance by : John Laws
Download or read book The Constitutional Balance written by John Laws and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Book Synopsis Constitutional Justice by : Trevor R. S. Allan
Download or read book Constitutional Justice written by Trevor R. S. Allan and published by Oxford University Press, USA. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scope of Judicial Review
Book Synopsis Constitutional Law by : Michael C. Dorf
Download or read book Constitutional Law written by Michael C. Dorf and published by Oxford University Press, USA. This book was released on 2010 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a sophisticated introduction to constitutional law, and a rich blend of discussion of Supreme Court decisions and theories that drive constitutional debates. Analysis of cases illustrates theories of constitutional justice, and probing consideration of leading theories illuminates the deeper stakes of disputes and judicial rulings."-Richard Fallon, Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School.
Book Synopsis Justice in Plainclothes by : Lawrence G. Sager
Download or read book Justice in Plainclothes written by Lawrence G. Sager and published by Yale University Press. This book was released on 2004-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the role of judges and Congress in securing political justice in the United States.
Book Synopsis Constitutional Law for Criminal Justice by : Jacqueline R. Kanovitz
Download or read book Constitutional Law for Criminal Justice written by Jacqueline R. Kanovitz and published by Taylor & Francis. This book was released on 2024-01-22 with total page 1182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law for Criminal Justice, Sixteenth Edition, offers criminal justice professionals the training they need to recognize the constitutional principles that apply to their daily work. Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the U.S. justice system. Chapter 1 of Part I summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. § 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 50 years. The accompanying Instructor and Student Resources website provides free digital materials designed to test student knowledge and save time when preparing lessons. Resources include: Student access to practical quizzes including multiple-choice and true-or-false questions, and case studies with interactive questions and answers to test and apply knowledge A downloadable comprehensive study guide, glossary, and appendix including the text of the United States Constitution to enhance understanding of each chapter alongside study Step-by-step Instructor Guides and premade lesson slides that correspond to the chapters in an editable format to saving valuable time on lesson preparation Instructor access to test-bank questions for further exam practice
Book Synopsis The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law by : Adam Lamparello
Download or read book The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law written by Adam Lamparello and published by Taylor & Francis. This book was released on 2016-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part VII An interpretive theory that promotes federalism, separation of powers and principled judicial review -- 28 Is democracy a good thing? The arguments - and the practicalities -- 29 Foundational principles for a pro-democracy, process-oriented, and pragmatic jurisprudence -- 30 Applying the foundational principles to the "worst" Supreme Court decisions and arriving at nonideological, process-oriented, and pro-democracy outcomes -- Concluding thoughts -- Index
Book Synopsis Constitutional Justice by : Trevor R. S. Allan
Download or read book Constitutional Justice written by Trevor R. S. Allan and published by . This book was released on 2001 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book explains the essential connections between a range of matters critical to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The limits of parliamentary sovereignty are shown to derive from its status as a common law doctrine, when the common law is interpreted as a deliberative process of moral argument and justification. Legislative supremacy is qualified by a counter-balancing judicial sovereignty, ensuring the protection of fundamental common law rights of procedural fairness and equality."--BOOK JACKET.
Book Synopsis Implementing the Constitution by : Richard H. FALLON
Download or read book Implementing the Constitution written by Richard H. FALLON and published by Harvard University Press. This book was released on 2009-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
Book Synopsis Constitutional Fate by : Philip Bobbitt
Download or read book Constitutional Fate written by Philip Bobbitt and published by Oxford University Press. This book was released on 1984-03-15 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Book Synopsis Constitutional Law for Criminal Justice by : George T. Felkenes
Download or read book Constitutional Law for Criminal Justice written by George T. Felkenes and published by . This book was released on 1978 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Interpreting the Constitution by : Kent Greenawalt
Download or read book Interpreting the Constitution written by Kent Greenawalt and published by Oxford University Press. This book was released on 2015-11-04 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.
Book Synopsis American Constitutional Law by : Alpheus Thomas Mason
Download or read book American Constitutional Law written by Alpheus Thomas Mason and published by Routledge. This book was released on 2021-09-28 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of comprehensive background essays coupled with carefully edited Supreme Court case excerpts designed to explore constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, the book endeavors to heighten students’ understanding of this critical part of the American political system. New to the 18th Edition An account of the Trump impeachments and a full discussion of the recent Supreme Court transitions including recent Supreme Court transitions including the fraught Kavanaugh hearings, the death of Ruth Bader Ginsberg, and the nomination process surrounding Amy Coney Barrett. Fourteen new cases carefully edited and excerpted, including Chifalo v. Washington (2020) on the Electoral College, Masterpiece Cakeshop (2018) on gay rights, and three Trump cases as well. Thirty-one new cases discussed in chapter essays in addition.
Book Synopsis The Policy of Law by : Mauro Zamboni
Download or read book The Policy of Law written by Mauro Zamboni and published by Bloomsbury Publishing. This book was released on 2007-11-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored. "Zamboni ranges broadly and knowledgeably over vast areas of legal theory. But it is no mere taxonomising - his argument is valuable and original. It is clear, learned and never boring." [Zenon Bankowski, University of Edinburgh].
Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon Jr.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon Jr. 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: Winner of the Thomas M. Cooley Book Prize, Georgetown Center on the Constitution Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
Book Synopsis Constitutional Interpretation by : Sotirios A. Barber
Download or read book Constitutional Interpretation written by Sotirios A. Barber and published by Oxford University Press. This book was released on 2007-07-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.
