Download or read book Adjudicating Revolution written by Richard S. Kay and published by Edward Elgar Publishing. This book was released on 2022-05-28 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a 'lawful' or an 'unlawful' revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments. Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions. The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.
Download or read book Adjudicating Revolution written by Kay, Richard S. and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.
Download or read book Constitutional Revolutions written by Robert Justin Lipkin and published by Duke University Press. This book was released on 2000-05-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions. Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges. Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.
Download or read book The Power of Legality written by Nikolas M. Rajkovic and published by Cambridge University Press. This book was released on 2016-07-28 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.
Download or read book Adjudicating Family Law in Muslim Courts written by Elisa Giunchi and published by Routledge. This book was released on 2013-12-04 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
Download or read book A Critical Analysis of a Post Revolution Adjudication Dilemma the Choice and Application of the Doctrine of Necessity in the Grenada Case of Mitchell V DPP written by and published by . This book was released on 2012 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Procedure and the Constitution written by Jerold H. Israel and published by West Academic Publishing. This book was released on 2006 with total page 996 pages. Available in PDF, EPUB and Kindle. Book excerpt: This coursebook is the work of nationally renowned experts on the subject of constitutional-criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable pains have been taken to set forth the views of all members of the Court in such landmark cases as Batson, Leon, Mapp, and Miranda and such important recent cases as Apprendi v. New Jersey and Dickerson v. United States.
Download or read book Judges in Revolutionary Times written by Farida H. Mortada and published by . This book was released on 2012 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Experiments in International Adjudication written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2019-03-28 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
Download or read book Revolution and the Rule of Law written by Edward Kent and published by Prentice Hall. This book was released on 1971 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principled Reasoning in Human Rights Adjudication written by Se-shauna Wheatle and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Download or read book New Challenges to Constitutional Adjudication in Europe written by Zoltán Szente and published by Routledge. This book was released on 2018-03-09 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have affected constitutional review in Europe. As the courts’ response must conform with EU law and in some cases international law, analysis extends to the related jurisprudence of the European Court of Justice and the European Court of Human Rights. The collection adopts a common analytical structure to examine how the relevant challenges have been addressed in ten country specific case studies. Alongside these, constitutional experts frame the research within the theoretical understanding of the constitutional difficulties of the day in Europe. Finally, a comparative chapter examines the effects of multilevel constitutionalism and identifies general European trends. This book will be essential reading for academics and researchers working in the areas of constitutional law, comparative law and jurisprudence.
Download or read book The French Revolution and Napoleon written by Jean-Jacques Rousseau and published by Good Press. This book was released on 2023-11-20 with total page 1537 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'The French Revolution and Napoleon,' readers are presented with a rich tapestry of reflections and analyses from some of the most influential thinkers of the 18th and 19th centuries. This anthology interweaves diverse literary styles and perspectives, ranging from philosophical treatises to historical narratives, offering a comprehensive exploration of one of historys most tumultuous periods. The significance of these works lies not only in their individual merits but in their collective portrayal of an era of radical change and their profound influence on the development of modern political thought. Key pieces within the collection illuminate the complex interplay of ideology, governance, and individual liberty, contributing to a deeper understanding of the revolutionary and Napoleonic eras. The contributorsJean-Jacques Rousseau, Alexis de Tocqueville, Montesquieu, and Charles Downer Hazenrepresent a formidable cadre of scholars and political philosophers whose works have shaped not only the fabric of French political discourse but also the contours of global democratic ideals. Their backgrounds, spanning the Enlightenment to the aftermath of the revolution, reflect a critical engagement with the principles of liberty, equality, and fraternity. Together, their writings sketch the philosophical underpinnings and political realities of a seminal period in Western history. This anthology stands as a prime resource for students, scholars, and any reader with a keen interest in the ideological forces that have driven historical change. It offers a unique opportunity to engage with the seminal thoughts and reflections that shaped the course of French and global history, providing a multifaceted understanding of the events surrounding the French Revolution and the reign of Napoleon. The collection is an invitation to traverse the intellectual landscapes of four of historys most astute observers, whose diverse perspectives foster a rich dialogue on liberty, governance, and human rights.
Download or read book Constitutional Revolution written by Gary Jeffrey Jacobsohn and published by Yale University Press. This book was released on 2020-05-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
Download or read book The Family on Trial in Revolutionary France written by Suzanne Desan and published by Univ of California Press. This book was released on 2006-06-19 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation A sophisticated and groundbreaking book on what women actually did and what actually happened to them during the French Revolution.
Download or read book Guardians of the Revolution written by Ray Takeyh and published by Oxford University Press. This book was released on 2011-05-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a quarter century, Iran has been one of America's chief nemeses. Ever since Ayatollah Khomeini overthrew the Shah in 1979, the relationship between the two nations has been antagonistic: revolutionary guards chanting against the Great Satan, Bush fulminating against the Axis of Evil, Iranian support for Hezbollah, and President Ahmadinejad blaming the U.S. for the world's ills. The unending war of words suggests an intractable divide between Iran and the West, one that may very well lead to a shooting war in the near future. But as Ray Takeyh shows in this accessible and authoritative history of Iran's relations with the world since the revolution, behind the famous personalities and extremist slogans is a nation that is far more pragmatic--and complex--than many in the West have been led to believe. Takeyh explodes many of our simplistic myths of Iran as an intransigently Islamist foe of the West. Tracing the course of Iranian policy since the 1979 revolution, Takeyh identifies four distinct periods: the revolutionary era of the 1980s, the tempered gradualism following the death of Khomeini and the end of the Iran-Iraq war in 1989, the "reformist" period from 1997-2005 under President Khatami, and the shift toward confrontation and radicalism since the election of President Ahmadinejad in 2005. Takeyh shows that three powerful forces--Islamism, pragmatism, and great power pretensions--have competed in each of these periods, and that Iran's often paradoxical policies are in reality a series of compromises between the hardliners and the moderates, often with wild oscillations between pragmatism and ideological dogmatism. The U.S.'s task, Takeyh argues, is to find strategies that address Iran's objectionable behavior without demonizing this key player in an increasingly vital and volatile region. With its clear-sighted grasp of both nuance and historical sweep, Guardians of the Revolution will stand as the standard work on this controversial--and central--actor in world politics for years to come.
