Download or read book The Constitution as Junction of Force and Law written by R. A. C. E. Achara and published by Authorhouse UK. This book was released on 2005 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is bedevilled by a crisis of standpoints. Many times, this has led to a lack of congruence between theory and practice. The true nature of the constitution is, for example, a central problem of Constitutional Law. In theory, the constitution is supreme 'law'. But, in practice, most publicists and courts recognize decrees during military rule as different from, yet superior to, the constitution. The student is fed these mutually antagonistic propositions, with a consequent loss of faith in the integrity of the subject matter. To make Constitutional Law more coherent, 'The Constitution as Junction of Force and Law' proposes the unifying doctrine of preponderant force. Because of the ontological nature of the problem, the book goes beyond the traditional sources of legal science. Although it examines constitutions, statutes and cases as well as books on these written by lawyers, it has also sought assistance elsewhere. The research reveals that: *The confusion of standpoints mostly results from an undue reliance upon textual analysis as well as a failure to distinguish Constitutional Law (i.e., the subject of study) from the constitution (i.e., the object studied). *Nomenclature is irrelevant. Whether it is called a 'decree, ' 'charter, ' 'constitution, ' 'basic law, ' etc., if it is the supreme law, then it is the constitution. *The constitution is of two parts: the written, partly written, or wholly unwritten, framework of government; and, the energizing force, which sustains that framework. *Normally, there are competing frameworks. A constitution is that one supported by the polity's current wielder of preponderant force. Since Constitutional law is the study of constitutions, this book concludes that, for coherence, it should always be taught and studied with a sensitive appreciation of the influence of preponderant force.
Download or read book The Air Force Law Review written by and published by . This book was released on 1976 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American and British Claims Arbitration written by and published by . This book was released on 1913 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Works of Jeremy Bentham Constitutional code written by Jeremy Bentham and published by . This book was released on 1843 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 455 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 South Carolina Digest 1783 1886 written by and published by . This book was released on 1922 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Compiled Statutes in Force in the District of Columbia written by United States and published by . This book was released on 1894 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Works of Jeremy Bentham written by Jeremy Bentham and published by . This book was released on 1843 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Debates of the Constitutional Convention written by Iowa and published by . This book was released on 1857 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Court Reporter written by and published by . This book was released on 1884 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Debates of the Constitutional Convention of the State of Iowa written by Iowa and published by . This book was released on 1857 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Court Reporter written by United States. Supreme Court and published by . This book was released on 1884 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pacific Reporter written by and published by . This book was released on 1910 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Amendments to the Constitution and Proposed Statutes with Arguments Respecting the Same written by and published by . This book was released on 1921 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Federal and State Constitutions Colonial Charters and Other Organic Laws of the States Territories and Colonies Now Or Heretofore Forming the United States of America written by Francis Newton Thorpe and published by . This book was released on 1909 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Works of Jeremy Bentham Now First Collected written by Jeremy Bentham and published by . This book was released on 1841 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
