Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

Download or read book The Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Download or read book Latin American Constitutionalism 1810 2010 written by Roberto Gargarella and published by . This book was released on 2013-08-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

Download or read book The Historiography of Transition written by Paolo Pombeni and published by Routledge. This book was released on 2015-10-23 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defining a “historic transition” means understanding how the complex system of intellectual, social, and material structures formed that determined the transition from a certain “universe” to a “new universe,” where the old explanations were radically rethought. In this book, a group of historians with specializations ranging from the sixteenth to the twentieth centuries and across political, religious, and social fields, attempt a reinterpretation of “modernity” as the new “Axial Age.”

Download or read book The Ethics of Human Rights written by Carlos Santiago Nino and published by Oxford University Press, USA. This book was released on 1991 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4.2. The Liberal Retreat

Download or read book Law and Time written by Sian Beynon-Jones and published by Routledge. This book was released on 2018-09-21 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law’s diverse roles in maintaining linear historicist models of time; law’s participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the ‘time’ in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice. The Introduction and Chapter 6 of this book are freely available as downloadable Open Access PDFs at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Download or read book The Oxford Handbook of American Political Development written by Richard M. Valelly and published by Oxford University Press. This book was released on 2016-09-15 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.

Download or read book The Judicial Imagination written by Lyndsey Stonebridge and published by . This book was released on 2014-05-21 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tells the story of the struggle to imagine new forms of justice after Nuremberg Returning to the work of Hannah Arendt as a theoretical starting point, Lyndsey Stonebridge traces a critical aesthetics of judgement in postwar writers and intellectuals, including Rebecca West, Elizabeth Bowen, Muriel Spark and Iris Murdoch. Writing in the false dawn of a new era of international justice and human rights, these complicated women intellectuals were drawn to the law because of its promise of justice, yet critical of its political blindness and suspicious of its moral claims. Bringing together literary-legal theory with trauma studies, The Judicial Imagination argues that today we have much to learn from these writers' impassioned scepticism about the law's ability to legislate for the territorial violence of our times. Key Features *Returns to the work of Hannah Arendt as the starting point for a new theorisation of the relation between law and trauma * Provides a new context for understanding the continuities between late modernism and postwar writing through a focus on justice and human rights *Offers a model of reading between history, law and literature which focuses on how matters of style and genre articulate moral, philosophical and political ambiguities and perplexities *Makes a significant contribution to the rapidly developing fields of literary-legal and human rights studies

Download or read book Performing the Past written by Karin Tilmans and published by Amsterdam University Press. This book was released on 2010 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karin Tilmans is an historian, and academic coordinator of the Max Weber Programme at the European University Institute, Florence. Frank van Vree is an historian and professor of journalism at the University of Amsterdam. Jay M. Winter is the Charles J. Stille Professor of History at Yale. --

Download or read book Curso de Direito Constitucional written by Manoel Gonçalves Ferreira Filho and published by . This book was released on 2022-03-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este livro foge ao modismo e reflete um padrão cultural consagrado na Europa. Voltado aos estudantes, apresenta cada um dos grandes temas do Direito Constitucional, particularmente as instituições estatais sem deixar de dar a devida atenção ao Direito positivo brasileiro. Sem rodeios desnecessários e direto ao ponto, esta 42a edição mantém o rigor metodológico e postura crítica que consagram o livro desde sua primeira edição.?

Download or read book Curso de Direito Constitucional Contempor neo 12a edi o 2024 written by Luís Roberto Barroso and published by . This book was released on 2024-03-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Curso de Direito Constitucional Contemporâneo, do Ministro do STF Luís Roberto Barroso, é uma introdução abrangente à teoria da Constituição e ao direito constitucional, conduzida por um autor reconhecido nacional e internacionalmente. A visão humanista do doutrinador e a perspectiva prática do Ministro dão a esta obra um toque de originalidade e fascínio que a torna atraente, a um só tempo, para jovens iniciantes e para professores experientes. Esta contém uma verdadeira Parte Geral do direito constitucional brasileiro, com a exposição didática e crítica dos grandes temas e das principais transformações ocorridas nos últimos anos. a nova edição conta com dois novos capítulos que ampliam o conhecimento da disciplina. O primeiro, intitulado Alguns direitos e garantias fundamentais em espécie, trata de forma pormenorizada da liberdade de expressão, da liberdade religiosa, da liberdade de reunião e das ações constitucionais, como habeas corpus, mandado de segurança, mandado de injunção, ação popular e ação civil pública. O segundo, intitulado O poder punitivo do Estado, esmiúça os direitos e as garantias penais, com destaque para a legalidade penal, a irretroatividade da lei penal, a individualização da pena, a presunção de inocência, a prisão e os direitos dos presos, além de algumas normas processuais, como o princípio do juiz natural, o devido processo legal, contraditório e ampla defesa e a publicidade dos julgamentos. Ao longo das diferentes edições, foram acrescentados capítulos que abordam a jurisdição constitucional, os papéis das supremas cortes, os princípios constitucionais, os direitos fundamentais, as ações constitucionais e, nesta edição, foi incluída toda uma parte nova dedicada à separação dos Poderes e a cada um dos Poderes da República. Com linguagem simples e sofisticação de conteúdo, esta obra tornou-se uma das mais completas exposições do direito constitucional brasileiro. Data de fechamento da edição: 29-1-2024.