Download or read book Shaped by the Nuanced Constitution written by Christina Lienen and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.
Download or read book Shaped by the Nuanced Constitution written by Christina Lienen and published by Bloomsbury Publishing. This book was released on 2023-04-20 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.
Download or read book The Evolution of the U S Constitution written by James Madison and published by Good Press. This book was released on 2024-01-17 with total page 1167 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Madison introduced 12 amendments to the First Congress in 1789. Ten of these would go on to become what we now consider to be the Bill of Rights. One was never passed, while another dealing with Congressional salaries was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America. The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens. The Constitution acted like a colossal merger, uniting a group of states with different interests, laws, and cultures. Under America's first national government, the Articles of Confederation, the states acted together only for specific purposes. The Constitution united its citizens as members of a whole, vesting the power of the union in the people. Without it, the American Experiment might have ended as quickly as it had begun. Contents: The Journal of the Debates in the Convention Which Framed the Constitution of the United States Constitutional Amendment Process Measures Proposed to Amend the Constitution Congress Creates the Bill of Rights Constitution Amendments Biographies of the Founding Fathers
Download or read book The Constitution of the United States Compared With Our Own written by Hugh Seymour Tremenheere and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative analysis of the United States Constitution and the British Constitution, highlighting similarities and differences between the two systems of government. Drawing on historical and legal sources, the author provides a nuanced understanding of the constitutional principles that have shaped these two great nations. Whether you are a student of political science, a legal professional, or simply an engaged citizen, this book will deepen your understanding of the foundational documents that govern our societies. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Common Law Constitutional Rights written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
Download or read book The Civic Constitution written by Elizabeth Beaumont and published by Oxford University Press. This book was released on 2014 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order.
Download or read book Original Meanings written by Jack N. Rakove and published by Vintage. This book was released on 2010-04-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Download or read book The Oxford Handbook of the Indian Constitution written by Sujit Choudhry and published by Oxford University Press. This book was released on 2016 with total page 1121 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first major post-colonial constitution, the Indian Constitution holds particular importance for the study of constitutional law and constitutions. Providing a thorough historical and political grounding, this Handbook examines key debates and developments in Indian constitutionalism and creates a framework for further study.
Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Download or read book Untrodden Ground written by Harold H. Bruff and published by University of Chicago Press. This book was released on 2016-11-23 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional innovations related to executive power made by each of the nation's forty-four presidents.
Download or read book Congress the Court and the Constitution written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1999 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Government s Speech and the Constitution written by Helen Norton and published by Cambridge University Press. This book was released on 2019-08-22 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Identifies and explains the constitutional problems triggered by the government's speech, and proposes a new framework for thinking about them.
Download or read book Reconstructing the National Bank Controversy written by Eric Lomazoff and published by University of Chicago Press. This book was released on 2018-11-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
Download or read book The Constitutions that Shaped Us written by Guy Laforest and published by McGill-Queen's Press - MQUP. This book was released on 2015-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutions that Shaped Us re-examines from a comparative and critical standpoint the events, key players, and texts which, taken together, help to interpret all Canadian constitutions prior to Confederation. The key constitutional documents that are studied in this book are the Royal Proclamation of 1763, the Quebec Act of 1774, the Constitutional Act of 1791, and the 1840 Act of Union. Great Canadian historians of the past take turns in providing unforgettable sketches and understandings of the actions of monumental figures such as Governors Murray, Carleton, and Elgin, British politicians from Pitt to Burke, Grey, and Durham, without forgetting the leading political and intellectual colonial figures such as Bédard, Papineau, La Fontaine, Mackenzie, and Baldwin. Gathering together the most renowned and representative works of constitutional scholarship, this anthology provides readers with an in-depth account of the events that would ultimately lead to the union of British colonies, the birth of the Dominion of Canada, and the rebirth of political autonomy in a colony known successively as Quebec, Lower Canada, Canada East, and once again Quebec in 1867. Following a general survey of the various constitutions enacted under British rule, this collection includes an equal number of commentaries by French- and English-speaking historians concerning each of the four constitutions to offer the most nuanced view of Canada’s origins to date.
Download or read book Comparative Constitutional Law in Africa written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2022-12-06 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.
Download or read book Out of Range written by Mark V. Tushnet and published by Oxford University Press. This book was released on 2007-09-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.
Download or read book Theories of Social and Economic Justice written by André Johannes Van der Walt and published by AFRICAN SUN MeDIA. This book was released on 2005-08-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bulk of the contributions in this publication originated in a research project initiated by the Stellenbosch Institute for Advanced Study (STIAS) in 2002. The book is based on the idea that the attainment of greater social and economic justice, specifically in the South African context, is strongly influenced by the implications and the coherence of various theories of social and economic justice.
