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 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 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 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 Design for Divided Societies written by Sujit Choudhry and published by OUP Oxford. This book was released on 2008-03-27 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.
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 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acrimony and hyperpartisanship have seeped into every part of the political process. Congress is deadlocked and its approval ratings are at record lows. America's two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime.In It's Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress -- and the United States -- to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call &"asymmetric polarization," with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost.With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no &"silver bullet"; reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.
Download or read book Courting Constitutionalism written by Moeen Cheema and published by Cambridge University Press. This book was released on 2021-12-16 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a deeply contextualized account of public law and judicial review in Pakistan.
Download or read book Policy Change Courts and the Canadian Constitution written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2018-01-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
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 Constitutional Preambles At a Crossroads Between Politics and Law written by Justin Orlando Frosini and published by Maggioli Editore. This book was released on 2012 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sagebrush Collaboration written by Peter Abel Walker and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This account of the armed takeover of Malheur National Wildlife Refuge in Harney County, Oregon, explores the full context of the 2016 public land occupation, including the response of local and federal officials and the grassroots community reactions and resistence"--
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 A V Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Download or read book The Gun the Ship and the Pen written by Linda Colley and published by National Geographic Books. This book was released on 2022-09-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Sociological Constitutionalism written by Paul Blokker and published by Cambridge University Press. This book was released on 2017-10-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark book provides the first systematic overview of key research in the sociology of constitutions.
Download or read book The Death Penalty written by Scott Vollum and published by Routledge. This book was released on 2014-05-16 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Death Penalty, Third Edition, brings together all the legal issues related to the death penalty and provides case briefs for the most important United States Supreme Court death penalty cases. No other book available brings together a discussion of the major constitutional issues surrounding the death penalty with a broad array of associated case briefs. The authors classify cases according to legal issues and provide a commentary on the various sub-topics, presenting legal materials in an easily understood form. Though the primary audiences of the book are undergraduates in criminal justice programs and practitioners in the corrections and justice systems, the book will also prove useful to anyone who has an interest in the death penalty, the criminal justice system, or the United States Constitution. Every chapter starts with commentaries regarding general case law in a sub-topic, such as aggravating and mitigating factors, followed by a chart of the cases briefed in the chapter, and then the case briefs. These case briefs acquaint the reader with Supreme Court cases by summarizing facts, issues, reasons, and holdings. The Death Penalty, Third Edition , is a succinct, trusted guide to the law of capital punishment in the United States.
Download or read book Comparative Matters written by Ran Hirschl and published by . This book was released on 2014 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
