Download or read book The Constitutional Balance written by John Laws and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Download or read book Partisan Balance written by David R. Mayhew and published by Princeton University Press. This book was released on 2011-01-17 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: How partisan balance between the U.S. presidency and Congress is essential to successful government With three independent branches, a legislature divided into two houses, and many diverse constituencies, it is remarkable that the federal government does not collapse in permanent deadlock. Yet, this system of government has functioned for well over two centuries, even through such heated partisan conflicts as the national health-care showdown and Supreme Court nominations. In Partisan Balance, noted political scholar David Mayhew examines the unique electoral foundations of the presidency, Senate, and House of Representatives in order to provide a fresh understanding for the government's success and longstanding vitality. Focusing on the period after World War II, and the fate of legislative proposals offered by presidents from Harry Truman to George W. Bush, Mayhew reveals that the presidency, Senate, and House rest on surprisingly similar electoral bases, with little difference in their partisan textures as indexed by the presidential popular vote cast in the various constituencies. Both congressional chambers have tilted a bit Republican, and while White House legislative initiatives have fared accordingly, Mayhew shows that presidents have done relatively well in getting their major proposals enacted. Over the long haul, the Senate has not proven much more of a stumbling block than the House. Arguing that the system has developed a self-correcting impulse that leads each branch to pull back when it deviates too much from other branches, Mayhew contends that majoritarianism largely characterizes the American system. The wishes of the majority tend to nudge institutions back toward the median voter, as in the instances of legislative districting, House procedural reforms, and term limits for presidents and legislators.
Download or read book Constitutional Balance Amendment written by John J. Rodenkirch and published by . This book was released on 2010-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Balance Amendment written by John Rodenkirch and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution that Delicate Balance written by Fred W. Friendly and published by Random House (NY). This book was released on 1984 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Landmark cases that shaped the Constitution."--Jacket subtitle. Includes the full text of the Constitution.
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 Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Download or read book The Constitution that Delicate Balance written by and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Checks and Balances written by Cassie M. Lawton and published by Cavendish Square Publishing, LLC. This book was released on 2020-12-15 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of checks balances between the branches of the U.S. government is written into the Constitution, but it isn't always clearly understood. How does each branch keep the others from getting too powerful? The answer is waiting for readers to discover in this inside guide to an essential civics concept. Through age-appropriate text, photographs, sidebars, and fact boxes, readers explore the meaning of checks and balances and how the system works. They're also encouraged to discuss ways it's been used in the past and the benefits and disadvantages of checks and balances.
Download or read book Our Ageless Constitution written by W. David Stedman and published by National Book Network. This book was released on 1987 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Copyright and Information Privacy written by Federica Giovanella and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Download or read book The Invention of the Modern Republic written by Biancamaria Fontana and published by Cambridge University Press. This book was released on 2007-03-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are republics nowadays the most common form of political organization, and the one most readily associated with modern democracy? In The Invention of the Modern Republic, a team of highly distinguished historians of ideas answers this question, and examines the origins of republican governments in America and Europe. Given the renewed interest at present in the functioning and evolution of democratic institutions--especially in their relation with market economies--the issues discussed here have a powerful contemporary resonance.
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 Is the Balance of Power in Government Balanced written by Amy Hayes and published by The Rosen Publishing Group, Inc. This book was released on 2018-12-15 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution separates government powers into three branches: the executive, the legislative, and the judicial branches. The writers of the Constitution wanted to make sure that the government didn't get too powerful, so they made sure the power in government was balanced. Each branch of the government can check on the others to make sure they're following the rules and not getting too powerful. Throughout the United States' history, many people have challenged the balance of the government through impeachment trials, majority rule in the Legislative branch, and trials in the Supreme Court. Readers will be encouraged to think critically about whether or not the balance of power in U.S. government is truly balanced.
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 1984 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
