Описание: All Americans, liberal or conservative, religious or not, can agree that religious freedom, anchored in conscience rights, is foundational to the U.S. democratic experiment. But what freedom of conscience means, what its scope and limits are, according to the Constitution - these are matters for heated debate. At a moment when such questions loom ever larger in the nation's contentious politics and fraught policy-making process, this timely book offers invaluable historical, empirical, philosophical, and analytical insight into the American constitutional heritage of religious liberty. As the contributors to this interdisciplinary volume attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the legacy of religious freedom, from the nation's founding and the rise of public education, through the waves of immigration that added successive layers of diversity to American society. The social scientists discuss the swift, striking effects of judicial decision making and the battles over free exercise in a complex, bureaucratic society. Advocates remind us of the tensions abiding in schools and other familiar institutions, and of the major role minorities play in shaping free exercise under our constitutional regime. And the jurists emphasize that this is a messy area of constitutional law. Their work brings out the conflicts inherent in interpreting the First Amendment - tensions between free exercise and disestablishment, between the legislative and judicial branches of government, and along the complex and ever-shifting boundaries of religion, state, and society. What emerges most clearly from these essays is how central religious liberty is to America's civic fabric - and how, under increasing pressure from both religious and secular forces, this First Amendment freedom demands our full attention and understanding.
Автор: Sepp?nen Название: Ideological Conflict and the Rule of Law in Contemporary China ISBN: 1107142903 ISBN-13(EAN): 9781107142909 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An informative and thought-provoking study in understanding the ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. More specifically, it describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China`s state-sanctioned ideology, and efforts to invent alternative rule of law conceptions.
Описание: In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic , Han Zhai offers a profound understanding of China’s constitutional history with her account of constitutional identity of multi-layered states in other parts of the world. This book successfully bridges China’s constitutional complex and the emerging common theory of constitutional law with methodological innovations. In constitutional comparison, this work’s treatment of the Kingdoms of Spain and the Netherlands provides effective structural and historical analysis. This book does not only awaken China’s constitutional identity in contemporary scholarship but also presents rich possibilities in the constitutional study and the way we understand a country’s fundamental arrangements in its national context
Автор: Gregory E. Maggs, Peter J. Smith Название: Constitutional Law: A Contemporary Approach - CasebookPlus ISBN: 1684675715 ISBN-13(EAN): 9781684675715 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 46154.00 р. Наличие на складе: Поставка под заказ.
Описание: This fifth edition of the casebook, which is suitable either for a one- or two-semester course, strives to make constitutional law easily teachable and readily accessible for students. The authors have selected the cases carefully and provided extensive excerpts of the opinions so that students get a good sense of the Court`s reasoning.
Описание: This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights. By examining the theoretical and conceptual underpinnings of religious offences as well as interrogating the nature and impact of religious penal clauses within the region, it contributes to the broader dialogue in relation to religious penal clauses globally, whether in countries which practise forms of secular or religious constitutionalism. Asian practice is significant in this respect, given the centrality of religion to social life and indeed, in some jurisdictions, to constitutional or national identity.
Providing rigorous studies of common law jurisdictions that have adopted similar provisions in their penal code, the contributors provide an original examination and analysis of the use and development of these religious clauses in their respective jurisdictions. They draw upon their insights into the background sociopolitical and constitutional contexts to consider how the inter-relationship of religion and state may determine the rationale and scope of religious offences. These country-by-country chapters inform the conceptual examination of religious views and sentiments as a basis for criminality and the forms of ‘harm’ that attract legal safeguards. Several chapters examine these questions from a historical and comparative perspective, considering the underlying bases and scope, as well as evolving objectives of these provisions. Through these examinations, the book critically interrogates the legacy of colonialism on the criminal law and constitutional practice of various Asian states.
Автор: Lee Hp Название: Constitutional Conflicts in Contemporary Malaysia ISBN: 0198755996 ISBN-13(EAN): 9780198755999 Издательство: Oxford Academ Рейтинг: Цена: 21622.00 р. Наличие на складе: Нет в наличии.
Описание: This book explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. It concludes with the author`s thoughts on the trajectory of constitutional development in Malaysia.
Описание: Here constitutional experts, political scientists and legal practitioners present up-to-date and in-depth commentaries on their respective areas of expertise. The book is a comprehensive compendium to the present state of the British constitution.
Описание: Here constitutional experts, political scientists and legal practitioners present up-to-date and in-depth commentaries on their respective areas of expertise. The book is a comprehensive compendium to the present state of the British constitution.
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