Описание: US constitutional jurisprudence often conflates two distinct enquiries: how to interpret the Constitution and how to allocate interpretive authority. This book explains the distinct role of judgements about interpretive authority in constitutional practice. It argues that these judgements do not determine what qualifies as good constitutional argument, and cannot substitute for it. Rather, they specify the division of labour between the political branches and the judiciary in forming applicable constitutional determinations. This explanation of the structure of constitutional reasoning sets the stage for the development of a normative theory about each enquiry. The book advances a theory of substantive constitutional argument. It argues that constitutional interpretation is a special kind of practical reasoning, aiming to construct and specify morally sound accounts of the Constitution and surrounding constitutional practice. Yet, this task is entrusted to a scheme of institutions, as agents of free and equal citizens. The standard of review is an interlocking component of that scheme, regulating the judicial assignment. As such, it should aim to facilitate best performance of the overall interpretive task, so that the judicial process settles on appropriate constitutional determinations; grounded on morally sound reasons that reach all citizens and uphold the fundamental commitments to freedom and equal citizenship.
Описание: Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year?This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA ""failed"" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War.Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Описание: Provides a demonstration of how social reformers and politicians have used the amendment process to achieve favourable political results even as their proposed amendments have failed to be adopted. Roger Hartley examines familiar examples like pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments.
In the book, authors from eleven post-communist countries analyse the specific legal and political character of the organs of the control of law constitutionality in post-Soviet states. This is done through explaining the legal and political character of those bodies as well as their place in the system of the state power. The authors also examine tasks assigned to those bodies, the manner of their establishment, the course of their work, the legal force of their decisions and the legal status of their members. In the conclusions, the authors refer to the optimisation of the political status of the organs controlling the constitutionality of law as organs of the protection of the constitution.
Research findings, conclusions and recommendations formulated in the book can be applied with a view to changing the mechanisms of the protection of constitutionality in post-Soviet states or presenting lawmakers in other countries with consequences of adopting particular legal solutions.
Описание: Commentaries on the Constitution of the United States Vol. II-with a Preliminary Review of the Constitutional History of the Colonies and States Before the Adoption of the Constitution, written by Supreme Court Justice Joseph Story in three volumes, was first published in 1833, of which this edition is a replica.
Описание: Commentaries on the Constitution of the United States Vol. II-with a Preliminary Review of the Constitutional History of the Colonies and States Before the Adoption of the Constitution, written by Supreme Court Justice Joseph Story in three volumes, was first published in 1833, of which this edition is a replica.
Автор: McManus Edgar Название: Liberty and Union ISBN: 0415892856 ISBN-13(EAN): 9780415892858 Издательство: Taylor&Francis Рейтинг: Цена: 11176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This, the second of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Progressive Era of the early twentieth century to the most recent decisions of the Supreme Court on contemporary constitutional issues.
Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations.
Authored by two experienced professors in the field, this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works - avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.
Useful features include:
Full glossary of legal terminology
Recommended reading
A table of cases
Extracts from primary documents
Companion website
Useful documents provided:
Declaration of Independence
Articles of Confederation
Constitution of the United States of America
Chronological list of Supreme Court justices
Автор: Karen Orren, John Compton Название: The Cambridge Companion to the United States Constitution ISBN: 1107476623 ISBN-13(EAN): 9781107476622 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book will be useful for students and non-specialists who seek a broad, historically grounded introduction to the study of the US constitutional system. The book places present-day constitutional controversies in historical context, and offers insights from a range of disciplines, including history, political science, and law.
Автор: Hoffer Peter Charles, Hoffer Williamjames Hull, Hull N. E. H. Название: The Supreme Court: An Essential History, Second Edition ISBN: 0700626824 ISBN-13(EAN): 9780700626823 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4388.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
Описание: Commentaries on the Constitution of the United States Vol. III-with a Preliminary Review of the Constitutional History of the Colonies and States Before the Adoption of the Constitution, written by Supreme Court Justice Joseph Story in three volumes, was first published in 1833, of which this edition is a replica.
Автор: McManus Edgar Название: Liberty and Union ISBN: 0415892864 ISBN-13(EAN): 9780415892865 Издательство: Taylor&Francis Рейтинг: Цена: 17609.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This, the concise edition of Liberty and Union, is an abridged constitutional history of the United States, designed for short single-semester courses, comprising the key topics from Volumes 1 and 2.
Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations.
Authored by two experienced professors in the field, this concise edition presents seminal topics while retaining the narrative flow of the two full original volumes. An accessible alternative to dense scholarly works, this textbook avoids unnecessary technical jargon, defines legal terms and historical personalities where appropriate, and makes explicit connections between constitutional themes and historical events. For students in a short undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.
Useful features include:
Full glossary of legal terminology
Recommended reading
A table of cases
Extracts from primary documents
Companion website
Useful documents provided:
Declaration of Independence
Articles of Confederation
Constitution of the United States of America
Chronological list of Supreme Court justices
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