In defense of the united states constitution, Singh, Robert S.
Автор: Bellia Jr. Anthony J. Название: The Law of Nations and the United States Constitution ISBN: 019984125X ISBN-13(EAN): 9780199841257 Издательство: Oxford Academ Рейтинг: Цена: 12514.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Автор: Tushnet, Mark Название: Constitution of the united states of america ISBN: 1841137383 ISBN-13(EAN): 9781841137384 Издательство: Hart Publishing Рейтинг: Цена: 2297.00 р. Наличие на складе: Нет в наличии.
Описание: Covers the history and meaning of the United States` Constitution. This work is organised around two themes: the US Constitution is old, short, and difficult to amend, and it creates a structure of political opportunities that allows political actors to pursue the preferred policy goals even to the point of altering the very structure of politics.
Описание: Offers new perspectives on the period between the ratification of the Constitution and the outbreak of the Civil War. The essays in this collection address critical themes such as the origins, evolution, and disintegration of party competition, the relationship between political parties and popular participation, and the place that parties occupied within the wider world of United States politics.
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