Download or read book Constitutional Fictions written by David L Faigman and published by Oxford University Press. This book was released on 2008-08-18 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, Faigman provides an extraordinarily important analysis of a subject that has been largely ignored by constitutional scholars. To show how contemporary facts play into constitutional analysis, Faigman examines some of the most controversial subjects of the late twentieth century, including physician-assisted suicide, abortion, sexual predators, free speech, and privacy. The Constitution is popularly thought of as a static document that embodies fundamental values and foundational principles of governance. However, the values and principles that the Constitution embodies must be applied to the circumstances and challenges of changing times. Constitutional Fictions explains how contemporary facts should be incorporated into constitutional decisions, thus allowing the Constitution to endure for the ages.
Download or read book Constitutional Law as Fiction written by L. H. LaRue and published by Penn State Press. This book was released on 2010-11-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitution written by Nick Webb and published by Createspace Independent Publishing Platform. This book was released on 2015-06-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 75 years ago, an alien fleet attacked Earth. Without warning. Without mercy. We were not prepared. Then the aliens abruptly left. We rebuilt. We armed ourselves. We swore: never again. The aliens never came back ... until now ... It's the year 2650. With overwhelming force the aliens have returned, striking deep into our territory, sending Earth into a panic. Our new ships burn like straw. All our careful preparations are wasted. Only one man, one crew, and the oldest starship in the fleet stand between the Earth and certain destruction: ISS Constitution.
Download or read book Originalism as Faith written by Eric J. Segall and published by Cambridge University Press. This book was released on 2018-10-18 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.
Download or read book Research Handbook on the Politics of Constitutional Law written by Mark Tushnet and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Download or read book Constitutional Fragments written by Gunther Teubner and published by Oxford University Press. This book was released on 2012-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The powerful private sectors of the world economy remain largely unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
Download or read book Proportionality and Facts in Constitutional Adjudication written by Anne Carter and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
Download or read book Constitutional Rights and Constitutional Design written by Paul Yowell and published by Bloomsbury Publishing. This book was released on 2018-04-26 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
Download or read book Constitutional Semiotics written by Martin Belov and published by Bloomsbury Publishing. This book was released on 2022-06-30 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.
Download or read book Essential Constitutional Law written by Andrew Beale and published by Cavendish Publishing. This book was released on 1997-09-18 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book How Star Wars Conquered the Universe written by Chris Taylor and published by Basic Books. This book was released on 2015-10-06 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1973, a young filmmaker named George Lucas scribbled some notes for a far-fetched space-fantasy epic. Some forty years and 37 billion later, Star Wars -- related products outnumber human beings, a growing stormtrooper army spans the globe, and "Jediism" has become a religion in its own right. Lucas's creation has grown into far more than a cinematic classic; it is, quite simply, one of the most lucrative, influential, and interactive franchises of all time. Yet incredibly, until now the complete history of Star Wars -- its influences and impact, the controversies it has spawned, its financial growth and long-term prospects -- has never been told. In How Star Wars Conquered the Universe, veteran journalist Chris Taylor traces the series from the difficult birth of the original film through its sequels, the franchise's death and rebirth, the prequels, and the preparations for a new trilogy. Providing portraits of the friends, writers, artists, producers, and marketers who labored behind the scenes to turn Lucas's idea into a legend, Taylor also jousts with modern-day Jedi, tinkers with droid builders, and gets inside Boba Fett's helmet, all to find out how Star Wars has attracted and inspired so many fans for so long. Since the first film's release in 1977, Taylor shows, Star Wars has conquered our culture with a sense of lightness and exuberance, while remaining serious enough to influence politics in far-flung countries and spread a spirituality that appeals to religious groups and atheists alike. Controversial digital upgrades and poorly received prequels have actually made the franchise stronger than ever. Now, with a savvy new set of bosses holding the reins and Episode VII on the horizon, it looks like Star Wars is just getting started. An energetic, fast-moving account of this creative and commercial phenomenon, How Star Wars Conquered the Universe explains how a young filmmaker's fragile dream beat out a surprising number of rivals to gain a diehard, multigenerational fan base -- and why it will be galvanizing our imaginations and minting money for generations to come.
Download or read book The Reformation of the Constitution written by Ian Ward and published by Bloomsbury Publishing. This book was released on 2024-05-02 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book revisits one of the defining judicial engagements in English legal history. It provides a fresh account of the years 1606 to 1616 which witnessed a series of increasingly volatile confrontations between, on the one side, King James I and his Attorney-General, Sir Francis Bacon, and on the other, Sir Edward Coke, successively Chief Justice of Common Pleas and Lord Chief Justice. At the heart of the dispute were differing opinions regarding the nature of kingship and the reach of prerogative in reformation England. Appreciating the longer context, in the summer of 1616 King James appealed for a reformation of law and constitution to complement the reformation of his Church. Later historians would discern in these debates the seeding of a century of revolution, followed by another four centuries of reform. This book ventures the further thought that the arguments which echoed around Westminster Hall in the first years of the seventeenth century have lost little of their resonance half a millennium on. Breaks with Rome are little easier to 'get done', the margins of executive governance little easier to draw.
Download or read book The English Constitution written by Ian Ward and published by Hart Publishing. This book was released on 2004-07-30 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a stimulating text for both academics and students; advancing a series of original ideas about the English constitution.
Download or read book Welfare and the Constitution written by Sotirios A. Barber and published by Princeton University Press. This book was released on 2009-01-10 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself.
Download or read book God and Man in the Law written by Robert Lowry Clinton and published by . This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
Download or read book The United States Constitution written by Jonathan Hennessey and published by Macmillan. This book was released on 2008 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Den amerikanske forfatning som tegneserie
Download or read book Origin of Government written by Hugh Taylor and published by . This book was released on 1919 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
