28 results on '"*CONSTITUTIONS"'
Search Results
2. Deciphering the Genome of Constitutionalism : The Foundations and Future of Constitutional Identity
- Author
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Ran Hirschl, Yaniv Roznai, Ran Hirschl, and Yaniv Roznai
- Subjects
- Constitutional history, Constitutional law--European Union countries, Constitutions
- Abstract
Constitutional identity has become one of the most important and hotly contested concepts in contemporary constitutional theory and practice. It has been repeatedly invoked in debates concerning EU integration, constitutional reform and revolution, and the spread of ethno-nationalist populism, democratic backsliding, and constitutional retrogression. Yet, the concept's precise foundations, meaning, scope, and dynamics of continuity and change remain somewhat unclear and under-explored. This contemporary and definitive volume aims to address this stark gap. Featuring some of the world's leading scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, first-of-its-kind theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will be of great interest to scholars, students, jurists, and constitutional drafters alike.
- Published
- 2024
3. Reformas constitucionales : Elaborar, romper y cambiar constituciones
- Author
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Richard Albert and Richard Albert
- Subjects
- Constitutions, Constitutional law, Constitutional amendments
- Abstract
Reformas Constitucionales: Elaborar, romper y cambiar constituciones, ofrece una hoja de ruta para navegar en el universo intelectual de las reformas constitucionales, así como un plano para diseñar y mejorar las reglas de cambio constitucional. A la luz de docenas de constituciones de todas las regiones del mundo, este libro mezcla la teoría y la práctica con el fin de responder dos preguntas de la mayor importancia: ¿qué es una reforma? y ¿cómo deberían los arquitectos constitucionales estructurar los procedimientos de cambio constitucional? El primer interrogante es más importante ahora que en el pasado. Los reformadores explotan las reglas de reforma constitucional, ponen a prueba los límites jurídicos de la reforma, socavan las normas de gobernanza democrática y esquivan la constitución escrita para crear constituciones integralmente nuevas que se hacen pasar como simples reformas constitucionales ordinarias. La segunda pregunta es clave frente al desempeño y a la resiliencia de las constituciones. Los arqui-tectos constitucionales, hoy en día, no tienen casi que ningún recurso a la mano que pueda guiarlos al momento de construir las reglas de reforma constitucional, mientras que los académicos no tienen un pano-rama claro de la importancia de las reglas de reforma en el proyecto del constitucionalismo.
- Published
- 2023
4. Uitleg van de Grondwet
- Author
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Ernst Hirsch Ballin, Eric Janse de Jonge, Gert-Jan Leenknegt, Ernst Hirsch Ballin, Eric Janse de Jonge, and Gert-Jan Leenknegt
- Subjects
- Law commentaries, Constitutions, Commentaires juridiques, Netherlands. Grondwet (1983), Constitutional law--Netherlands, Droit constitutionnel--Pays-Bas
- Abstract
Ontwikkelingen rond de uitleg van de Grondwet zijn het werk van al degenen die met de Grondwet leven, zowel burgers als ambtsdragers. De rechtspraktijk en het politieke leven zijn daarin verankerd. De Grondwet uitleggen is meer dan het zoeken naar de ‘bedoelingen van de grondwetgever', maar omvat ook het verder ontwikkelen van constitutionele principes in wetgeving, rechtspraak en beleid. Wie een rol speelt in het staatsbestel – politieke en rechterlijke functionarissen, bestuurders, opiniemakers, staatsburgers – zoekt steun voor een goede beoordeling en tracht anderen die in dat proces een rol spelen, te overtuigen. Dit vereist aansluiting zoeken bij wat er al over de Grondwet is gezegd. Dit commentaar dient daarbij als grondig gedocumenteerde bron van informatie en inspiratie.Dit systematisch en artikelsgewijs commentaar is een geheel herziene editie van het veel geraadpleegde commentaar op de Grondwet van de constitutionele website www.NederlandRechtsstaat.nl en zet de traditie voort van de van 1987 tot 2000 onder redactie van prof. mr. P.W.C. Akkermans (1942-2002) en prof. mr. A.K. Koekkoek (1945-2005) gepubliceerde commentaren op de Grondwet.
- Published
- 2021
5. The Veil of Participation : Citizens and Political Parties in Constitution-Making Processes
- Author
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Alexander Hudson and Alexander Hudson
- Subjects
- Constitutional law, Constitutions, Political participation, Legislation--Citizen participation, Political parties--Law and legislation
- Abstract
Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases - Brazil, South Africa, and Iceland - and introduces a theory of party-mediated public participation. He argues that public participation has limited potential to affect the constitutional text but that the effectiveness of participation varies with the political context. Party strength is the key factor, as strong political parties are unlikely to incorporate public input, while weaker parties are comparatively more responsive to public input. This party-mediation thesis fundamentally challenges the contemporary consensus on the design of constitution-making processes and places new emphasis on the role of political parties.
- Published
- 2021
6. Transnational Evaluation of Constitutions : Through the Prism of Human Rights and International Law
- Author
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Ali Shirvani and Ali Shirvani
- Subjects
- Constitutions, International law and human rights, Constitutional law
- Abstract
This book provides a hypothetical classification of constitutions through international law and human rights values used in any constitution, which draws connections between the inclusive standards of international law and human rights contained in the constitutions. Consequently, an evaluation method will be available for users to rank any constitution potentiality of analysis for grounds of any commitment and responsibility of the states concerning international law and human rights.'This important study uses novel quantitative and qualitative methods to explore the relationship between constitutional and international law. It is a significant contribution to the literature, and pushes us further toward rigorous analysis of transnational legal regimes.'Tom Ginsburg Professor of Political Science, Chicago Law School.
- Published
- 2021
7. Authoritarianism : Constitutional Perspectives
- Author
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Günter Frankenberg and Günter Frankenberg
- Subjects
- Constitutional law, World politics--21st century, Authoritarianism, Constitutions
- Abstract
In this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies. Frankenberg outlines the essential features of authoritarianism through a discussion of a variety of constitutional projects in authoritarian settings: the executive style of opportunist, informal governing, political power as private property, participation as complicity, and the cult of immediacy that is geared towards fantasies of a community of the followers and their leader. He also takes a comparative approach to authoritarian constitutions, drawing out the relationships between them, as well as providing a critique of the discourse around populism and authoritarianism. Authoritarianism will be critical reading for scholars of constitutional law, as well as political scientists, who will find its comparative analysis of political systems in this context invaluable. It will also be useful to students of comparative law and political science for its clear explanation of the characteristics of authoritarianism across regimes.
- Published
- 2020
8. The President Who Would Not Be King : Executive Power Under the Constitution
- Author
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Michael W. McConnell and Michael W. McConnell
- Subjects
- Executive power--United States--History, Constitutions, Constitutional history--United States, Presidents--United States--History, Electronic books
- Abstract
Vital perspectives for the divided Trump era on what the Constitution's framers intended when they defined the extent—and limits—of presidential powerOne of the most vexing questions for the framers of the Constitution was how to create a vigorous and independent executive without making him king. In today's divided public square, presidential power has never been more contested. The President Who Would Not Be King cuts through the partisan rancor to reveal what the Constitution really tells us about the powers of the president.Michael McConnell provides a comprehensive account of the drafting of presidential powers. Because the framers met behind closed doors and left no records of their deliberations, close attention must be given to their successive drafts. McConnell shows how the framers worked from a mental list of the powers of the British monarch, and consciously decided which powers to strip from the presidency to avoid tyranny. He examines each of these powers in turn, explaining how they were understood at the time of the founding, and goes on to provide a framework for evaluating separation of powers claims, distinguishing between powers that are subject to congressional control and those in which the president has full discretion.Based on the Tanner Lectures at Princeton University, The President Who Would Not Be King restores the original vision of the framers, showing how the Constitution restrains the excesses of an imperial presidency while empowering the executive to govern effectively.
- Published
- 2020
9. Constitutional Idolatry and Democracy : Challenging the Infatuation with Writtenness
- Author
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Brian Christopher Jones and Brian Christopher Jones
- Subjects
- Constitutional law--Great Britain, Constitutional law, Constitutions, Democracy
- Abstract
This thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain.Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver ‘We the People'sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems.Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.
- Published
- 2020
10. Comparative Constitution Making
- Author
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David Landau, Hanna Lerner, David Landau, and Hanna Lerner
- Subjects
- Constitutions, Constitutional history, Constitutional law
- Abstract
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism. Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook's unique insight.
- Published
- 2019
11. Women As Constitution-Makers : Case Studies From the New Democratic Era
- Author
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Ruth Rubio-Marín, Helen Irving, Ruth Rubio-Marín, and Helen Irving
- Subjects
- Constitutional law, Sex discrimination against women--Law and legislation, Women's rights, Constitutions
- Abstract
That a constitution should express the will of'the people'is a long-standing principle, but the identity of'the people'has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality.
- Published
- 2019
12. A Constitution in Full : Recovering the Unwritten Foundation of American Liberty
- Author
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Peter Augustine Lawler, Richard M., II Reinsch, Peter Augustine Lawler, and Richard M., II Reinsch
- Subjects
- United States. Declaration of Independence, Constitutional history--United States, Constitutional history--Political aspects--Uni, Liberty--History.--United States, Individualism--Political aspects--History.--, Universalism, POLITICAL SCIENCE / Constitutions, LAW / Constitutional, POLITICAL SCIENCE / Political Ideologies / Conserv
- Abstract
When political debates devolve, as they often do these days, into a contest between big-government progressivism and natural rights individualism, Americans tend to appeal to the “self-evident” truths inscribed in the Declaration of Independence and the Constitution. But Peter Lawler and Richard Reinsch remind us that these truths understood in the abstract are untethered from a prior, unwritten constitution presupposed by the Framers—one found in culture, customs, traditions, experiences, and beliefs. A Constitution in Full is Lawler and Reinsch's attempt to return this critical context to US constitutionalism—to recover a political sense of individualism in relation to country, family, religious community, and nature.Power, the authors suggest, is a public trust, not a form of obedience to either majoritarian suppression of particular liberties or the endless rights-claims lodged by autonomous individuals against society. Instead, power is ordered to the demands of a shared political enterprise that emerges from man's social nature. Building on political insights from Alexis de Tocqueville, Orestes Brownson, John Courtney Murray, and others Lawler and Reinsch seek to restore the relational person—the individual grounded in family, work, faith, and community—to a central place in our understanding of republican constitutionalism. Their work promotes the ongoing development of constitutional self-government rooted in our historical, legal, and religious foundations.The shared middle-class values that once united almost all Americans as well as any confidence in democratic deliberation or political liberty are rapidly atrophying. This book aims to rebuild this confidence by helping us think seriously about the complex interplay between political and economic liberties and the relational life of creatures and citizens.
- Published
- 2019
13. Revolutionary Constitutions : Charismatic Leadership and the Rule of Law
- Author
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Bruce Ackerman and Bruce Ackerman
- Subjects
- Political leadership, Charisma (Personality trait)--Political aspects, Revolutions, Constitutions, Constitutional law, Personality and politics, Populism
- Abstract
A robust defense of democratic populism by one of America's most renowned and controversial constitutional scholars—the award-winning author of We the People.Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy.Ackerman returns to the United States in his last chapter to provide new insights into the Founders'acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors'successes and profit from their mistakes, and sets up Ackerman's next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
- Published
- 2019
14. Constitutional Amendments : Making, Breaking, and Changing Constitutions
- Author
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Richard Albert and Richard Albert
- Subjects
- Constitutional amendments, Constitutional law, Constitutions
- Abstract
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
- Published
- 2019
15. Making a 21st Century Constitution : Playing Fair in Modern Democracies
- Author
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Frank Vibert and Frank Vibert
- Subjects
- Constitutions, Democracy
- Abstract
Democratic governments are increasingly under pressure from populists, and distrust of governmental authority is on the rise. Economic causes are often blamed. Making a 21st Century Constitution proposes instead that constitutions no longer provide the kind of support that democracies need in today's conditions, and outlines ways in which reformers can rectify this.Frank Vibert addresses key sources of constitutional obsolescence, identifies the main challenges for constitutional updating and sets out the ways in which constitutions may be made suitable for the the 21st century. The book highlights the need for reformers to address the deep diversity of values in today's urbanized societies, the blind spots and content-lite nature of democratic politics, and the dispersion of authority among new chains of intermediaries.This book will be invaluable for students of political science, public administration and policy, law and constitutional economics. Its analysis of how constitutions can be made fit for purpose again will appeal to all concerned with governance, practitioners and reformers alike.
- Published
- 2018
16. To End a Presidency : The Power of Impeachment
- Author
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Laurence Tribe, Joshua Matz, Laurence Tribe, and Joshua Matz
- Subjects
- Impeachments--United States, Presidents--Legal status, laws, etc.--United S, LAW / Constitutional, POLITICAL SCIENCE / Constitutions, POLITICAL SCIENCE / Government / Legislative Branc, POLITICAL SCIENCE / Government / Executive Branch, LAW / Government / Federal
- Abstract
As Congress prepares articles of impeachment of President Trump, read the definitive book on presidential impeachment and how it should be used today. Impeachment is our ultimate constitutional check against an out-of-control executive. But it is also a perilous and traumatic undertaking for the nation. In this authoritative examination, Laurence Tribe and Joshua Matz rise above the daily clamor to illuminate impeachment's proper role in our age of broken politics.To End a Presidency is an essential book for anyone seeking to understand how this fearsome power should be deployed.
- Published
- 2018
17. Peter Häberle on Constitutional Theory : Constitution As Culture and the Open Society of Constitutional Interpreters
- Author
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Markus Kotzur and Markus Kotzur
- Subjects
- Law and Society, Sociology of Law, Rechtssoziologie, Rechtspolitik, Constitutions, Constitutional law, Staats- und Verfassungsrecht
- Abstract
Peter Häberle, einer der auch im Ausland wirkungsmächtigsten deutschen Verfassungsrechtler, hat den Gutteil seines akademischen Schaffens einer zentralen Idee verschrieben: Konstitutionalisierungsprozesse sind kulturell angeleitet und die Verfassung selbst gilt deshalb nicht nur als normatives Regelwerk, sondern ist eine kulturelle Leistung: Verfassung als, nicht Verfassung und Kultur.Vorliegender Band stellt erstmals sechs grundlegende Beiträge aus Häberles gewaltigem Verfassungskosmos einem englischsprachigen Publikum vor: die revolutionären und einflussreichen Überlegungen zu „Grundrechten im Leistungsstaat“, die nicht minder revolutionäre „Offene Gesellschaft der Verfassungsinterpreten“, die Deutung der Menschenwürde als Grundlage jeder demokratischen Herrschaftsorganisation, gefolgt von drei weiteren Beiträgen zu Verfassungspräambeln, der kulturwissenschaftlichen Verfassungskonzeption und ihre Übertragung auf den europäische Verfassungsraum. Lernen Sie Häberle als Wissenschaftler, der die Welt jenseits des positiven Rechts neu entdecken und vermessen will, in englischer Übersetzung (neu) kennen.
- Published
- 2018
18. Constitutional Preambles : A Comparative Analysis
- Author
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Wim Voermans, Maarten Stremler, Paul Cliteur, Wim Voermans, Maarten Stremler, and Paul Cliteur
- Subjects
- Constitutions, Preambles (Law), Constitutional law
- Abstract
While their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This book presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and constitutional systems in which they are situated. Constitutional Preambles illuminates the great variety that constitutional preambles display. The authors discuss the different styles, legal and non-legal functions, and content of the preambles, as well as analysing their use in the courts. This work also contains a carefully curated anthology of the world's preambles in English.
- Published
- 2017
19. Legitimacy Gap : Secularism, Religion, and Culture in Comparative Constitutional Law
- Author
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Vincent Depaigne and Vincent Depaigne
- Subjects
- Secularism, Religion and law, Culture and law, Constitutional law, Constitutions, Legitimacy of governments
- Abstract
This book provides an account and explanation of a fundamental dilemma facing secular states: the'legitimacy gap'left by the withdrawal of religion as a source of legitimacy. Legitimacy represents a particular problem for the secular state. The'secular'in all its manifestations is very much linked to the historical rise of the modern state. It should not be seen as a category that separates culture and religion from politics, but rather as one that links these different dimensions. In the first part of the book, Depaigne explains how modern constitutional law has moved away from a'substantive'legitimacy, based in particular on natural law, towards a'procedural'legitimacy based on popular sovereignty and human rights. Depaigne examines three case studies of constitutional responses to legitimacy challenges which articulate the three main sources of'procedural'legitimacy (people, rights, and culture) in different ways: the'neutral model'(constitutions based on the'displacement of culture'); the'multicultural model'(constitutions based on diversity and pluralism); and the'asymmetric model'(constitutions based on tradition). Even if secularization can be considered European in its origin, it is best seen today as a global phenomenon, which needs to be approached by taking into account the particular cultural dimension in which it is rooted. Depaigne's detailed study shows how secularization has moved either towards'nationalization'linked to a particular national identity (as in France and, to some extent, in India)-or towards'de-secularization', whereby secularism is displaced by particular cultural norms, as in Malaysia.
- Published
- 2017
20. Engines of Liberty : The Power of Citizen Activists to Make Constitutional Law
- Author
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David Cole and David Cole
- Subjects
- Law reform--Citizen participation.--United Sta, Justice, Administration of--Citizen participatio, Constitutional law--United States, Law reform--United States, Political participation--United States, POLITICAL SCIENCE / Constitutions
- Abstract
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
- Published
- 2016
21. Disqualifying the High Court : Supreme Court Recusal and the Constitution
- Author
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Louis Virelli and Louis Virelli
- Subjects
- United States. Supreme Court, Judges--Recusal--United States, Judges--Disqualification--United States, Constitutional law--United States, LAW / Constitutional, POLITICAL SCIENCE / Constitutions, LAW / Judicial Power
- Abstract
Since at least the time of Justinian—under statutes, codes of judicial ethics, and the common law—judges have been expected to recuse themselves from cases in which they might have a stake. The same holds true for the justices of the US Supreme Court. For instance, there were calls for Ruth Bader Ginsburg and Elena Kagan, both of whom had officiated at gay weddings,to recuse themselves from the recent marriage equity case, Obergefell v. Hodges. Even a case like this, where no justice bowed out, reveals what a tricky ethical issue recusal can be. but as Louis J. Virelli demonstrates in this provocative work, recusal at the Supreme Court also presents questions of constitutional power. Disqualifying the High Court shows that our current understanding of how and when justices should recuse themselves is at odds with our constitutional design.Viewing recusal through a constitutional lens, Virelli reveals new and compelling information about how justices should decide recusal questions and, in turn, how our government should function more broadly. Along the way he traces the roots and development of federal recusal law in America from as early as the Roman Empire up to the present day. The Supreme Court's unique place at the top of the judicial branch protests the justices from some forms of congressional interference. Virelli argues that constitutional law, in particular the separation of powers, prohibits Congress from regulating the recusal practices of the Supreme Court. Instead those decisions must be left to the justices themselves, grounded in the principles of due process—assuring parties fair treatment by the judicial system—and balanced against the justices'rights to free speech.Along with the clarity it brings to this highly controversial issue, Virelli's work also offers insight into constitutional problems presented by separation of powers. It will inform our evolving understanding of theory and practice in the American judicial system.
- Published
- 2016
22. The Fourth Amendment in Flux : The Roberts Court, Crime Control, and Digital Privacy
- Author
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Michael C. Gizzi, R. Craig Curtis, Michael C. Gizzi, and R. Craig Curtis
- Subjects
- United States. Supreme Court, Searches and seizures--Cases.--United States, LAW / Constitutional, POLITICAL SCIENCE / Constitutions
- Abstract
Click here to read the new Afterword.When the Founders penned the Fourth Amendment to the Constitution, it was not difficult to identify the “persons, houses, papers, and effects” they meant to protect; nor was it hard to understand what “unreasonable searches and seizures” were. The Fourth Amendment was intended to stop the use of general warrants and writs of assistance and applied primarily to protect the home. Flash forward to a time of digital devices, automobiles, the war on drugs, and a Supreme Court dominated by several decades of the jurisprudence of crime control, and the legal meaning of everything from “effects” to “seizures” has dramatically changed. Michael C. Gizzi and R. Craig Curtis make sense of these changes in The Fourth Amendment in Flux. The book traces the development and application of search and seizure law and jurisprudence over time, with particular emphasis on decisions of the Roberts Court.Cell phones, GPS tracking devices, drones, wiretaps, the Patriot Act, constantly changing technology, and a political culture that emphasizes crime control create new challenges for Fourth Amendment interpretation and jurisprudence. This work exposes the tensions caused by attempts to apply pretechnological legal doctrine to modern problems of digital privacy. In their analysis of the Roberts Court's relevant decisions, Gizzi and Curtis document the different approaches to the law that have been applied by the justices since the Obama nominees took their seats on the court. Their account, combining law, political science, and history, provides insight into the court's small group dynamics, and traces changes regarding search and seizure law in the opinions of one of its longest serving members, Justice Antonin Scalia.At a time when issues of privacy are increasingly complicated by technological advances, this overview and analysis of Fourth Amendment law is especially welcome—an invaluable resource as we address the enduring question of how to balance freedom against security in the context of the challenges of the twenty-first century.
- Published
- 2016
23. The Constitution : An Introduction
- Author
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Paulsen, Michael Stokes, Paulsen, Luke, Paulsen, Michael Stokes, and Paulsen, Luke
- Subjects
- Constitutional history--United States, LAW / Constitutional, POLITICAL SCIENCE / Constitutions, POLITICAL SCIENCE / History & Theory, HISTORY / United States / General
- Abstract
From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history. The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation's most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution's history and meaning in clear, accessible terms.Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today's controversies, and offer powerful insights into the Constitution's true meaning.A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues—a skill that is ever more essential to the continued flourishing of American democracy.
- Published
- 2015
24. Lawless : The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law
- Author
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David E. Bernstein and David E. Bernstein
- Subjects
- Constitutional history--21st century.--United, Rule of law--United States, Executive power--United States, LAW / Constitutional, POLITICAL SCIENCE / Government / Executive Branch, POLITICAL SCIENCE / Constitutions
- Abstract
In Lawless, George Mason University law professor David E. Bernstein provides a lively, scholarly account of how the Obama administration has undermined the Constitution and the rule of law. Lawless documents how President Barack Obama has presided over one constitutional debacle after anotherObamacare; unauthorized wars in the Middle East; attempts to strip property owners, college students, religious groups, and conservative political activists of their rights; and many more.Violating his own promises to respect the Constitution's separation of powers, Obama brazenly ignores Congress when it won't rubber-stamp his initiatives. We can't wait,” he intones when amending Obamacare on the fly or signing a memo legalizing millions of illegal immigrants, as if Congress doing its job as a coequal branch of government somehow permits the president to rule like a dictator, free from the Constitution's checks and balances.President Obama has also presided over the bold and rampant lawlessness of his underlings. Harry Truman famously said, The buck stops here.” When confronted with allegations that his administration's actions are illegal, Obama responds, So sue me.” Lawless shows how President Obama has betrayed not only the Constitution but also his own stated principles. In the process, he has done serious and potentially permanent damage to our constitutional system. As America swings into election season, it will have to grapple with finding a president who can repair Obama's lawless legacy.
- Published
- 2015
25. The Heritage Guide to the Constitution : Fully Revised Second Edition
- Author
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David F. Forte, Matthew Spalding, David F. Forte, and Matthew Spalding
- Subjects
- United States. Constitution, Constitutions--United States, Constitutional law--United States, POLITICAL SCIENCE / Constitutions, POLITICAL SCIENCE / Government / National, POLITICAL SCIENCE / Reference, LAW / Constitutional
- Abstract
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning.In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution.From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
- Published
- 2014
26. The Civic Constitution : Civic Visions and Struggles in the Path Toward Constitutional Democracy
- Author
-
Elizabeth Beaumont and Elizabeth Beaumont
- Subjects
- Constitutional history--United States, Political participation--United States, Civil society--United States, POLITICAL SCIENCE / Political Freedom & Security /, POLITICAL SCIENCE / Constitutions, LAW / Constitutional
- Abstract
The role of the Constitution in American political history is contentious not simply because of battles over meaning. Equally important is precisely who participated in contests over meaning. Was it simply judges, or did legislatures have a strong say? And what about the public's role in effecting constitutional change? In The Civic Constitution, Elizabeth Beaumont focuses on the last category, and traces the efforts of citizens to reinvent constitutional democracy during four crucial eras: the revolutionaries of the 1770s and 1780s; the civic founders of state republics and the national Constitution in the early national period; abolitionists during the antebellum and Civil War eras; and, finally, suffragists of the late nineteenth and early twentieth centuries. Throughout, she argues that these groups should be recognized as founders and co-founders of the U.S. Constitution. Though often slighted in modern constitutional debates, these women and men developed distinctive constitutional creeds and practices, challenged existing laws and social norms, expanded the boundaries of citizenship, and sought to translate promises of liberty, equality, and justice into more robust and concrete forms. Their civic ideals and struggles not only shaped the text, design, and public meaning of the U.S. Constitution, but reconstructed its membership and transformed the fundamental commitments of the American political community. An innovative expansion on the concept of popular constitutionalism, The Civic Constitution is a vital contribution to the growing body of literature on how ordinary people have shaped the parameters of America's fundamental laws.
- Published
- 2013
27. Social and Political Foundations of Constitutions
- Author
-
Denis J. Galligan, Mila Versteeg, Denis J. Galligan, and Mila Versteeg
- Subjects
- Constitutions, Constitutional law--Social aspects, Constitutional law--Political aspects
- Abstract
This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.
- Published
- 2013
28. Codice delle Costituzioni
- Author
-
Cerrina Feroni, G., Frosini, T. E., Torre, A., Cerrina Feroni, G., Frosini, T. E., and Torre, A.
- Subjects
- Constitutional law, Constitutions
- Abstract
Il volume analizza elementi di diritto costituzionale.
- Published
- 2009
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