Download or read book The Collaborative Constitution written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2023-09-30 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.
Download or read book The Constitutional Theory of the Federation and the European Union written by Signe Rehling Larsen and published by Oxford University Press, USA. This book was released on 2021-02-04 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.
Download or read book Fundamental Rights and the Legal Obligations of Business written by David Bilchitz and published by Cambridge University Press. This book was released on 2021-11-11 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Download or read book The Collaborative Constitution written by Aileen Kavanagh and published by Cambridge University Press. This book was released on 2023-09-30 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
Download or read book Key Ideas in Law The Rule of Law and the Separation of Powers written by Jack Beatson and published by Bloomsbury Publishing. This book was released on 2021-07-29 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?
Download or read book The Constitution of Risk written by Adrian Vermeule and published by Cambridge University Press. This book was released on 2014 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
Download or read book Intersectionality and Human Rights Law written by Shreya Atrey and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.
Download or read book A Constitution for the Living written by Beau Breslin and published by . This book was released on 2021-04-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor rights over it." These famous words, written by Thomas Jefferson to James Madison, reflect Jefferson's lifelong belief that each generation ought to write its own Constitution. According to Jefferson each generation should take an active role in endorsing, renouncing, or changing the nation's fundamental law. Perhaps if he were alive today to witness our seething debates over constitutional interpretation, he would feel vindicated in this belief. Madison's response was that a Constitution must endure over many generations to gain the credibility needed to keep a nation strong and united. History tells us that Jefferson lost that debate. But what if he had prevailed? In A Constitution for the Living, Beau Breslin reimagines American history to answer that question. By tracing the story from the 1787 Constitutional Convention up to the present, Breslin presents an engaging and insightful narrative account of historical figures and how they might have shaped their particular generation's Constitution. For all those who want to be in the candlelit taverns where the Founders sat debating fundamental issues over wine; to witness towering figures of American history, from Abraham Lincoln to Booker T. Washington, play out hypothetical meetings and conversations that are startling and revealing; and to attend a Constitutional Convention taking place in the present day--this book brings these possibilities to life with sensitivity, verve, and compelling historical detail. This book is, above all, a call for a more engaged American public at a time when change seems close at hand, if we dare to imagine it.
Download or read book It s Even Worse Than It Looks written by Thomas E. Mann and published by Basic Books. This book was released on 2016-04-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hyperpartisanship is as old as American democracy. But now, acrimony is not confined to a moment; it's a permanent state of affairs and has seeped into every part of the political process. Identifying the overriding problems that have led Congress—and the United States—to the brink of institutional collapse, It's Even Worse Than It Looks profoundly altered the debate about why America's government has become so dysfunctional. Through a new preface and afterword, Thomas Mann and Norman Ornstein bring the story forward, examining the 2012 presidential campaign and exploring the prospects of a less dysfunctional government. As provocative and controversial as ever, It's Even Worse Than It Looks will continue to set the terms of our political debate in the years to come.
Download or read book Property Rights and Social Justice written by Rachael Walsh and published by Cambridge University Press. This book was released on 2021-06-10 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
Download or read book The Gun the Ship and the Pen Warfare Constitutions and the Making of the Modern World written by Linda Colley and published by Liveright Publishing. This book was released on 2021-03-30 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Best Books of the Year: Financial Times, The Economist Book of the Year: The Leaflet (International Forum on the Future of Constitutionalism) Longlisted for the Cundill History Prize Profiled in The New Yorker New York Times Book Review • Editors’ Choice Vivid and magisterial, The Gun, the Ship, and the Pen reconfigures the rise of a modern world through the advent and spread of written constitutions. A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how—while advancing epic revolutions and enfranchising white males—constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone—inspired by the American Civil War—devised plans for self-governing nations in West Africa; and how Japan’s Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that—with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels—retells the story of constitutional government and the evolution of ideas of what it means to be modern.
Download or read book Redrafting Constitutions in Democratic Regimes written by Gabriel L. Negretto and published by Cambridge University Press. This book was released on 2020-09-17 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.
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 King Arthur s Round Table written by David Perkins and published by John Wiley & Sons. This book was released on 2003-01-14 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your organization functions and grows through conversations face-to-face and electronic, from the mailroom to the boardroom. The quality of those conversations determines how smart your organization is. This revelatory book shows you how the Round Table of Arthurian legend can help foster collaboration and transform today s world of business, nonprofits, and government. "When I want a group to work effectively, I turn immediately to my colleague of thirty-five years, David Perkins. This book is a distillation of his knowledge and wisdom." Howard Gardner author of Frames of Mind: The Theory of Multiple Intelligences and Intelligence Reframed "David Perkins applies his wit and inventive mind to create a fresh perspective on the world of collaboration in organizations. His archetypes and toolboxes offer valuable insights to anyone facing the challenges of collaborative problem solving." David Straus author of How to Make Collaboration Work
Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Download or read book The Founders Key written by Larry P. Arnn and published by HarperChristian + ORM. This book was released on 2013-10-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today the integrity and unity of the Declaration of Independence and the Constitution are under attack by the Progressive political movement. And yet, writes Larry P. Arnn: “The words of the Declaration of Independence ring across the ages. The arrangements of the Constitution have a way of organizing our actions so as to produce certain desirable results, and they have done this more reliably than any governing instrument in the history of man. Connect these arrangements to the beauty of the Declaration and one has something inspiring and commanding.” From Chapter 2, The Founders’ Key Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history’s first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect “the changing and growing social order” has gone very far toward success. Politicians such as Franklin Roosevelt found ways to condemn and discard the Constitution and to redefine the Declaration to justify government without limit. As a result, both documents have been weakened, their influence diminished, and their meaning obscured—paving the way for the modern administrative state, unaccountable to the will of the people. The Founders’ Key is a powerful call to rediscover the connection between these two mighty documents, and thereby restore our political faith and revive our free institutions.
Download or read book The Law and Politics of Unconstitutional Constitutional Amendments in Asia written by Rehan Abeyratne and published by Routledge. This book was released on 2021-11-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
