Download or read book Legal Interpretation in Democratic States written by Tom D. Campbell and published by . This book was released on 2017 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This title was first published in 2002: The judicial interpretation of statutes and constitutions is the controversial focus of much contemporary legal philosophy and practice. It is crucial for the distribution of power as between legislatures and judiciaries in democratic polities. The original essays in this volume relate to the prospects of finding a workable separation of powers which utilizes the rule of positive law to curb political power without undermining the right to self-determination which is central to the democratic ideal. Written by a group of distinguished American and Australian legal and political philosophers, the essays are divided into three parts: those sharing a particular concern with the proper role of law-makers' intentions in legal interpretation; those applying or discussing particular approaches to interpretation: historical, comparative, hermeneutic, deconstructionist, and natural law; and those discussing originalism, individual rights, implications, and federalism in constitutional interpretation."--Provided by publisher.
Download or read book Legal Interpretation in Democratic States written by Tom D. Campbell 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 2002: The judicial interpretation of statutes and constitutions is the controversial focus of much contemporary legal philosophy and practice. It is crucial for the distribution of power as between legislatures and judiciaries in democratic polities. The original essays in this volume relate to the prospects of finding a workable separation of powers which utilizes the rule of positive law to curb political power without undermining the right to self-determination which is central to the democratic ideal. Written by a group of distinguished American and Australian legal and political philosophers, the essays are divided into three parts: those sharing a particular concern with the proper role of law-makers� intentions in legal interpretation; those applying or discussing particular approaches to interpretation: historical, comparative, hermeneutic, deconstructionist, and natural law; and those discussing originalism, individual rights, implications, and federalism in constitutional interpretation.
Download or read book Legal Interpretation in Democratic States written by Jeffrey Denys Goldsworthy and published by Dartmouth Publishing Company. This book was released on 2002 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moore.
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Original Meaning Jurisprudence written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1988 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of the United States of America written by Various and published by Good Press. This book was released on 2023-08-22 with total page 1283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of the United States of America is a foundational text that outlines the principles and structure of the United States government. This collection of essays and speeches provides readers with a comprehensive understanding of the document that shapes the laws and governance of the nation. Written in a clear and concise manner, the book delves into the history and significance of each article and amendment, offering valuable insight into the intentions of the Founding Fathers. The literary style is informative and straightforward, making it an essential read for anyone interested in American history and politics. The compilation of this book by Various authors reflects the diverse perspectives and experiences that have influenced the development of the United States Constitution. Each author offers a unique interpretation and analysis of the document, shedding light on the complex evolution of American democracy. Their collective expertise and knowledge make this volume a valuable resource for scholars and students alike. I highly recommend The Constitution of the United States of America to anyone seeking a deeper understanding of the principles that govern our nation. Whether you are a student, historian, or a concerned citizen, this book provides valuable insights into the foundation of American government and the rights of its citizens.
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Download or read book Summary Active Liberty written by BusinessNews Publishing, and published by Primento. This book was released on 2017-01-30 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: The must-read summary of Stephen Breyer's book: "Active Liberty: Interpreting Our Democratic Constitution". This complete summary of "Active Liberty" by Stephen Breyer, a liberal-leaning Supreme Court Justice in the United States, outlines the author's argument that the American Constitution should be used as a guide for the application of American principles. He highlights the fact that the Constitution must not be rigid but adapt to the needs of society, and that American citizens should have more participation in the shaping of the country's laws, a principle which requires more deference to Congress and judicial modesty. Added-value of this summary: • Save time • Gain understanding of the American Constitution and its implications • Expand your knowledge of American politics and society To learn more, read "Active Liberty" and discover Breyer's views on active liberty and the role of the Constitution in the modern age.
Download or read book Judicial Interpretation of Political Theory written by William Bennett Bizzell and published by . This book was released on 1914 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book A Matter of Interpretation written by Elizabeth Mac Donald and published by . This book was released on 2021-06 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's 13th-century Europe and a young monk, Michael Scot, has been asked by the Holy Roman Emperor to translate the works of Aristotle and recover his "lost" knowledge. The Scot sets to his task, traveling from the Emperor's Italian court to the translation schools of Toledo and from there to the Moorish library of Córdoba. But when the Pope deems the translations heretical, the Scot refuses to desist. So begins a battle for power between Church and State--one that has shaped how we view the world today.
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
Download or read book The Constitution of the United States of America Analysis and Interpretation Centennial Edition Analysis of Cases Decided by the Supreme Court of the United States to June 28 2012 written by United States and published by Government Printing Office. This book was released on 2013 with total page 2818 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.
