Constituent power and the law, Colon-rios, Joel (associate Professor Of Law, Associate Professor Of Law, Victoria University Of Wellington)
Автор: Jon Elster, Roberto Gargarella, Vatsal Naresh, Bjorn Erik Rasch Название: Constituent Assemblies ISBN: 1108427529 ISBN-13(EAN): 9781108427524 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: From the eighteenth century to the present, constituent assemblies have shaped the framework of politics. They differ from ordinary legislatures in that the stakes are higher, and that decisions are shaped by interests, ideology, and also by passions. The contributions in this book range from case studies to comparative analyses and theoretical arguments.
Описание: Brown v. Board of Education is widely recognised as one of the US Supreme Court`s most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court`s most gifted writers. This book visits Brown v. Board of Education from Jackson`s perspective and offers a reinterpretation of the justice`s thinking.
It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate?
This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.
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: 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: Charles O. Oyaya, Nana K. Poku Название: The Making of the Constitution of Kenya ISBN: 1472474562 ISBN-13(EAN): 9781472474568 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making and governance in Kenya and the lessons that can be learned for others on the continent. It gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic constitutional order in Africa.
Автор: Clark T. Название: The Supreme Court ISBN: 1108436935 ISBN-13(EAN): 9781108436939 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book presents a quantitative history of constitutional law in the United States and uses a statistical model of law to bring together humanistic and social-scientific perspectives on legal history.
Автор: Fallon R. Название: The Nature of Constitutional Rights ISBN: 1108703917 ISBN-13(EAN): 9781108703918 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by `compelling governmental interests`. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.
Автор: Richard Albert Название: Revolutionary Constitutionalism: Law, Legitimacy, Power ISBN: 150993457X ISBN-13(EAN): 9781509934577 Издательство: Bloomsbury Academic Рейтинг: Цена: 10296.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book on Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to review essays by authors.
Some contributors advance Ackerman's theory, others attack it, and still others refine it-but all agree that the ideas in the book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical "people" have spoken. A must read for all those interested in the current state of constitutionalism.
Описание: In this imaginative and resonant 1997 book, Irving looks beyond the well-known events, places and figures to locate federation and the constitution in the context of broader social, political and cultural changes. Irving analyses the Constitutional Convention and considers its significance for Australia`s future.
Описание: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy--just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.
Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes.
As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.
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