Описание: These essays on the Constitution were written by busy men in the midst of an active public and professional life, written with immense haste, and without proper time for consultation.
Описание: Americans revere their Constitution. Few, then, would describe the writing of it as a process fraught with highly improbable circumstances, coincidences, compromises, and largely unexpected outcomes. As Benjamin Franklin keenly observed, any assembly of men, no matter how talented, bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that-inevitably-they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup: The Making of the United States Constitution tells the story of how the Framers' interests shaped the constitution, and what that means for our use of the document today. The Philadelphia convention could easily have been a failure, or not happened at all. Without the heroic efforts of James Madison, George Washington's last-minute decision to attend, and the countless negotiations in the midst of debate and gridlock, the constitution we know today may never have been ratified. Had anything gone wrong and the convention been dissolved without consensus, any number of events may have occurred, such as a civil war, or reversion to monarchy. Klarman's narration of these events is full of colorful characters and riveting stories: the rebellion by debtor farmers in Massachusetts; the deal that induced John Hancock to support ratification; the secretive dealings of Alexander Hamilton and John Jay at the New York ratifying convention that produced an improbable victory. The constitution, he shows, was not created by rousing national consensus-an impractical concept at the time-but by the personal preferences of its creators. Moreover, the convention produced a constitution very different from what most Americans anticipated. How did the Framers convince Americans to approve a scheme so unrepresentative of national opinion? And to what extent should Americans rely on it today? Towards the end of his life, Thomas Jefferson noted that each generation has "a right to choose for itself the form of government it believes most promotive of its own happiness," and that constitutions should not be deemed, "too sacred to be touched." As Jefferson would have recognized, and as Klarman depicts in this captivating retelling of one of America's most famous stories, the Constitution is and has always been used as a tool to defend particular interests, and its sanctity should not go unchallenged.
Автор: Paulsen, Calabresi, Mcconnell & Название: The Constitution Of The United States, 2Nd Ed ISBN: 1609302710 ISBN-13(EAN): 9781609302719 Издательство: Eurospan Рейтинг: Цена: 27104 р. Наличие на складе: Поставка под заказ.
Описание: This is a quantitative re-examination of the behaviour of the Founding Fathers during the creation of the United States' Constitution. It employs cliometric analysis, formal economic analysis, and modern statistical techniques, to explain the choices the founders made during the drafting and ratification of the Constitution.
Автор: Eriksen, Christoffer C. Название: European constitution, welfare states and democracy ISBN: 0415610737 ISBN-13(EAN): 9780415610735 Издательство: Taylor&Francis Рейтинг: Цена: 15730 р. Наличие на складе: Поставка под заказ.
Описание:
This book explores how the right to the free movement of goods, persons, services and capital in the European Union legal order affects welfare states. These four freedoms, as they are known, are vital instruments for the protection of a European market unencumbered by internal frontiers. The European Constitution, Welfare States and Democracy explore the relationships and conflicts that have emerged between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular, it examines the threat posed to the discretionary powers enjoyed by national governments and administrative authorities.
Christoffer C. Eriksen has undertaken a comprehensive analysis of a series of judgments in which the European Court of Justice has clearly indicated the ways in which the four freedoms may be incompatible with the current practice of entrusting national administrative authorities with discretionary powers and thus highlights how the four freedoms are provoking democratic dilemmas, previously neglected in the academic literature. The book is written in a style which communicates beyond an audience of specialized legal scholars and although it includes analysis of black letter law, its methodology also draws from the disciplines of philosophy, political science, and sociology.
Автор: Dworkin, Ronald (Professor of Jurisprudence at UCL Название: Freedom`s Law: Moral Reading of the American Constitution ISBN: 0198265573 ISBN-13(EAN): 9780198265573 Издательство: Oxford Academ Рейтинг: Цена: 8976 р. Наличие на складе: Поставка под заказ.
Описание: A collection of essays discussing almost all of the great constitutional issues from the 1970s-1990s, including abortion, euthanasia and capital punishment. Professor Dworkin offers a liberal view of the Constitution, arguing that fidelity to it and to law demands that judges make moral judgements.
Автор: Laws Название: The Common Law Constitution ISBN: 1107077729 ISBN-13(EAN): 9781107077720 Издательство: Cambridge Academ Рейтинг: Цена: 4223 р. Наличие на складе: Поставка под заказ.
Описание: For the 2013 Hamlyn Lectures, Sir John Laws explored the constitutional balance between law and government in the United Kingdom. He argues that the unifying principle of the constitution is the common law and that its distinctive method has endowed the British State with profoundly beneficial effects, before examining two contemporary threats to the constitutional balance: extremism and the effect of Europe-made laws on the domestic English system.
Автор: Dicey, A.V. Название: The Law of the Constitution ISBN: 0199579822 ISBN-13(EAN): 9780199579822 Издательство: Oxford Academ Рейтинг: Цена: 16830 р. Наличие на складе: Невозможна поставка.
Описание: In print for the first time in fifty years, The Oxford Edition of Dicey faithfully reproduces the first edition of Dicey's most influential work. This volume also includes the main addenda for the other editions, and the text of Dicey's inaugural lecture.
Автор: R.A. Duff Название: The Constitution of the Criminal Law ISBN: 019967387X ISBN-13(EAN): 9780199673872 Издательство: Oxford Academ Рейтинг: Цена: 14520 р. Наличие на складе: Невозможна поставка.
Описание: The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constituted as part of the international order.
Описание: Evolution and Constitution for the first time brings together case law and law based on norms. It offers the reader a survey and a new explanation of evolutionary emergence of social contracts and constitutions in the European history, and -after all - should help to build a bridge between 'two cultures', science and humanities. Evolutionary approach to law had been advocated already at the time of Darwin by English ethnologists of law like Sumner Maine and American anthropologists like Morgan. The present work is an attempt to apply evolutionary thought to the continental legal philosophy and juristic methodology. Although in the 19th century the idea of an evolution of law was present also on the continent it was burdened with reproaches of social Darwinism (proved nowadays as unreasonable). Grounds for the negotiability of evolutionary approach to complex social systems are provided by the latest research in evolutionary theory of cognition and evolutionary ethics as well as by the theory of complex systems in the sense of Friedrich von Hayek. This book provides a profounder (conformable to the biological theory of evolution) explanatory basis not only for anthropology and history of law but also for juristic methodology. In addition it offers a practical model of juristic argumentation processes, illustrated by many examples.
Название: Law, Politics and the Constitution ISBN: 0198295855 ISBN-13(EAN): 9780198295853 Издательство: Oxford Academ Рейтинг: Цена: 8316 р. Наличие на складе: Поставка под заказ.
Описание: The late 1990s has marked a period of significant constitutional change and political reform. The contributions in this book, from scholars in the fields of politics and constitutional law, tackle the key questions troubling politicians and observers of politics at this time.
Автор: Dyzenhaus, David Название: Constitution of law ISBN: 052186075X ISBN-13(EAN): 9780521860758 Издательство: Cambridge Academ Рейтинг: Цена: 10163 р. Наличие на складе: Поставка под заказ.
Описание: Deals with the legal question of how governments should respond to emergencies and terrorism.
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