Latin American Constitutions: The Constitution of Cadiz and its Legacy in Spanish America, M. C. Mirow
Автор: Mirow Название: Latin American Constitutions ISBN: 1107025591 ISBN-13(EAN): 9781107025592 Издательство: Cambridge Academ Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present.
Автор: Pocket Book Constitutions Название: The Constitution of the United States of America: Pocket Book ISBN: 0998235121 ISBN-13(EAN): 9780998235127 Издательство: Неизвестно Цена: 1527.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The United States has become ever more deeply entrenched in powerful, rival, partisan camps, and its citizens more sharply separated along ideological lines. The authors of this volume, scholars of political science, economics, and law, examine the relation between this present-day polarization and the design of America`s Constitution.
Описание: When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court's routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws , a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices' own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington's work reminds us that, for better or for worse, the court reflects the politics of its time.
Описание: Offers a measured, deeply informed look at how the American constitutional system has broken down, how it impacts decision-making today, and how we might find our way out of this unhealthy power division.
Автор: Negretto Название: Making Constitutions ISBN: 1107670985 ISBN-13(EAN): 9781107670983 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Negretto addresses the phenomenon of constitution writing in Latin America, providing the first comprehensive explanation of the origins of constitutional designs. Using an interdisciplinary perspective, the author explores the sources of constitutional reform and the factors that determine the adoption of central political institutions.
Автор: Weiner Greg Название: The Political Constitution: The Case Against Judicial Supremacy ISBN: 0700628371 ISBN-13(EAN): 9780700628377 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 6896.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Who should decide what is constitutional? The Supreme Court, of course, both liberal and conservative voices say—but in a bracing critique of the “judicial engagement” that is ascendant on the legal right, Greg Weiner makes a cogent case to the contrary. His book, The Political Constitution, is an eloquent political argument for the restraint of judicial authority and the return of the proper portion of constitutional authority to the people and their elected representatives. What Weiner calls for, in short, is a reconstitution of the political commons upon which a republic stands.At the root of the word “republic” is what Romans called the res publica, or the public thing. And it is precisely this—the sense of a political community engaging in decisions about common things as a coherent whole—that Weiner fears is lost when all constitutional authority is ceded to the judiciary. His book calls instead for a form of republican constitutionalism that rests on an understanding that arguments about constitutional meaning are, ultimately, political arguments. What this requires is an enlargement of the res publica, the space allocated to political conversation and a shared pursuit of common things. Tracing the political and judicial history through which this critical political space has been impoverished, The Political Constitution seeks to recover the sense of political community on which the health of the republic, and the true working meaning of the Constitution, depend.
Автор: David E. Kyvig Название: Unintended Consequences of Constitutional Amendment ISBN: 0820352691 ISBN-13(EAN): 9780820352695 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 11227.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars examines significant instances in which reform produced something other than the foreseen result.
Описание: Surveys more than two centuries of scholarship on Article V of the US Constitution and concludes that the weight of the evidence indicates that states and Congress have the legal right to limit the scope of such conventions to a single subject and that political considerations would make a runaway convention unlikely.
Описание: In the wake of national crises and sharp shifts in the electorate, new members of Congress march off to Washington full of intense idealism and the desire for instant change—but often lacking in any sense of proportion or patience. This drive for instant political gratification concerned one of the key Founders, James Madison, who accepted the inevitability of majority rule but worried that an inflamed majority might not rule reasonably.Greg Weiner challenges longstanding suppositions that Madison harbored misgivings about majority rule, arguing instead that he viewed constitutional institutions as delaying mechanisms to postpone decisions until after public passions had cooled and reason took hold. In effect, Madison believed that one of the Constitution's primary functions is to act as a metronome, regulating the tempo of American politics.Weiner calls this implicit doctrine "temporal republicanism" to emphasize both its compatibility with and its contrast to other interpretations of the Founders' thought. Like civic republicanism, the "temporal" variety embodies a Set of values—public-spiritedness, respect for the rights of others-broader than the technical device of majority rule. Exploring this fundamental idea of time-seasoned majority rule across the entire range of Madison's long career, Weiner shows that it did not substantially change over the course of his life. He presents Madison's understanding of internal constitutional checks and his famous "extended republic" argument as different and complementary mechanisms for improving majority rule by slowing it down, not blocking it. And he reveals that the changes we see in Madison's views of majority rule arise largely from his evolving beliefs about who, exactly, was behaving impulsively—whether abusive majorities in the 1780s, the Adams regime in the 1790s, the nullifiers in the 1820s. Yet there is no evidence that Madison's underlying beliefs about either majority rule or the distorting and transient nature of passions ever swayed.If patience was a fact of life in Madison's day—a time when communication and travel were slow—it surely is much harder to cultivate in the age of the Internet, 24-hour news, and politics based on instant gratification. While many of today's politicians seem to wed supreme impatience with an avowed devotion to original constitutional principles, Madison's Metronome suggests that one of our nation's great luminaries would likely view that marriage with caution.
Описание: Reminds us of the ""unalterable fact"", as Chief Justice Rehnquist once remarked, ""that our judicial system, like the human beings who administer it, is fallible."" And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
