Download or read book Constitutional Morality and the Rise of Quasi Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Download or read book Constitutional Morality and the Rise of Quasi Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Download or read book American Default written by Sebastian Edwards and published by Princeton University Press. This book was released on 2019-09-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The untold story of how FDR did the unthinkable to save the American economy.
Download or read book Originalism s Promise written by Lee J. Strang and published by Cambridge University Press. This book was released on 2019-08-08 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first natural law justification for an originalist interpretation of the American Constitution.
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 Defending the Republic written by Bruce Frohnen and published by CUA Press. This book was released on 2022-10-07 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that politic practices in the United States have strayed very far from the founders’ designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition. This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of “constitutional morality,” the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms (“standards of behavior”) that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices. Contributors, including Francis Canavan, Claes G. Ryn, Paul Edward Gottfried, and Peter Augustine Lawler, discuss and develop Carey’s key insights, applying them to issues from the nature of majoritarian government to the purposes of constitutionalism to the decline of virtue that has accompanied the expansion of power among national and international elites. Each essay provides penetrating analysis of key aspects of our tradition, its inherent purposes, growth, and subsequent derailment, as well as the resources remaining within that tradition for the rebuilding of our constitutional order and a decent common life.
Download or read book Constitutional Reform of National Legislatures written by Richard Albert and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives.
Download or read book In Defense of the Constitution written by George Wescott Carey and published by . This book was released on 1989 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Download or read book Justifying Violent Protest written by James Greenwood-Reeves and published by Taylor & Francis. This book was released on 2022-12-30 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as "legitimacy claims," or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue – with expressive and instrumental value in denouncing unjust laws – and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other groups internationally, in order to demonstrate that not only can violent protest be acceptable; in times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history, and philosophy, as well as others with interests in contemporary forms of protest.
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon 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: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book The Historical Mind written by Justin D. Garrison and published by SUNY Press. This book was released on 2020-05-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is increasingly defined not only by routine disregard for its fundamental laws, but also by the decadent character of its political leaders and citizens—widespread consumerism and self-indulgent behavior, cultural hedonism and anarchy, the coarsening of moral and political discourse, and a reckless interventionism in international relations. In The Historical Mind, various scholars argue that America's problems are rooted in its people's refusal to heed the lessons of historical experience and to adopt "constitutional" checks or self-imposed restraints on their cultural, moral, and political lives. Drawing inspiration from the humanism of Irving Babbitt and Claes G. Ryn, the contributors offer a timely and provocative assessment of the American present and contend that only a humanistic order guided by the wisdom of historical consciousness has genuine promise for facilitating fresh thinking about the renewal of American culture, morality, and politics.
Download or read book Rediscovering Americanism written by Mark R. Levin and published by Simon and Schuster. This book was released on 2017-06-27 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: From #1 New York Times bestselling author and radio host Mark R. Levin comes a searing plea for a return to America’s most sacred values. In Rediscovering Americanism, Mark R. Levin revisits the founders’ warnings about the perils of overreach by the federal government and concludes that the men who created our country would be outraged and disappointed to see where we've ended up. Levin returns to the impassioned question he's explored in each of his bestselling books: How do we save our exceptional country? Because our values are in such a precarious state, he argues that a restoration to the essential truths on which our country was founded has never been more urgent. Understanding these principles, in Levin’s words, can “serve as the antidote to tyrannical regimes and governments.” Rediscovering Americanism is not an exercise in nostalgia, but an appeal to his fellow citizens to reverse course. This essential book brings Levin’s celebrated, sophisticated analysis to the troubling question of America's future, and reminds us what we must restore for the sake of our children and our children's children.
Download or read book Normative Jurisprudence written by Robin West and published by Cambridge University Press. This book was released on 2011-08-22 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
