Описание: Constituting Religion examines how activists work to expand or challenge the reach of the shariah court system, and how these legal struggles shape popular understandings of Islam, liberal rights. This title is also available as Open Access.
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.
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.
Автор: Dorothy Overstreet Pratt Название: Sowing the Wind: The Mississippi Constitutional Convention of 1890 ISBN: 1496828127 ISBN-13(EAN): 9781496828125 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 4389.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In 1890, Mississippi called a convention to rewrite its constitution. That convention became the singular event that marked the state's transition from the nineteenth century to the twentieth and set the path for the state for decades to come. The primary purpose of the convention was to disfranchise African American voters as well as some poor whites. The result was a document that transformed the state for the next century. In Sowing the Wind, Dorothy Overstreet Pratt traces the decision to call that convention, examines the delegates' decisions, and analyzes the impact of their new constitution.Pratt argues the constitution produced a new social structure, which pivoted the state's culture from a class-based system to one centered upon race. Though state leaders had not anticipated this change, they were savvy in their manipulation of the issues. The new constitution effectively filled the goal of disfranchisement. Moreover, unlike the constitutions of many other southern states, it held up against attack for over seventy years. It also hindered the state socially and economically well into the twentieth century.
Описание: By engaging deeply with American legal and political history as well as the increasingly rich material on gender history, Gendered Citizenship illuminates the ideological contours of the original struggle over the Equal Rights Amendment (ERA) from 1920 to 1963. As the first comprehensive, full-length history of that struggle, this study grapples not only with the battle over women’s constitutional status but also with the more than forty-year mission to articulate the boundaries of what it means to be an American citizen.
Through an examination of an array of primary source materials, Gendered Citizenship contends that the original ERA conflict is best understood as the terrain that allowed Americans to reconceptualize citizenship to correspond with women’s changing status after the passage of the Nineteenth Amendment.
Finally, Rebecca DeWolf considers the struggle over the ERA in a new light: focusing not on the familiar theme of why the ERA failed to gain enactment, but on how the debates transcended traditional liberal versus conservative disputes in early to mid-twentieth-century America. The conflict, DeWolf reveals, ultimately became the defining narrative for the changing nature of American citizenship in the era.
Описание: By engaging deeply with American legal and political history as well as the increasingly rich material on gender history, Gendered Citizenship illuminates the ideological contours of the original struggle over the Equal Rights Amendment (ERA) from 1920 to 1963. As the first comprehensive, full-length history of that struggle, this study grapples not only with the battle over women’s constitutional status but also with the more than forty-year mission to articulate the boundaries of what it means to be an American citizen.
Through an examination of an array of primary source materials, Gendered Citizenship contends that the original ERA conflict is best understood as the terrain that allowed Americans to reconceptualize citizenship to correspond with women’s changing status after the passage of the Nineteenth Amendment.
Finally, Rebecca DeWolf considers the struggle over the ERA in a new light: focusing not on the familiar theme of why the ERA failed to gain enactment, but on how the debates transcended traditional liberal versus conservative disputes in early to mid-twentieth-century America. The conflict, DeWolf reveals, ultimately became the defining narrative for the changing nature of American citizenship in the era.
Автор: Scott, Paul F (university Of Glasgow) Название: National security constitution ISBN: 1509941150 ISBN-13(EAN): 9781509941155 Издательство: Bloomsbury Academic Рейтинг: Цена: 8710.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom’s response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state’s national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.
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
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.
Автор: Leila Brannstrom, Matilda Arvidsson, Panu Minkkinen Название: Constituent Power: Law, Popular Rule and Politics ISBN: 1474454984 ISBN-13(EAN): 9781474454988 Издательство: Bloomsbury Academic Рейтинг: Цена: 3483.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of `the people` in constitutional democracies to the forefront
Автор: Arvidsson Matilda, Brдnnstrцm Leila, Minkkinen Panu Название: Constituent Power: Law, Popular Rule, and Politics ISBN: 1474454976 ISBN-13(EAN): 9781474454971 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Analyses the political and legal power of 'the people' in contemporary democratic societies
Presents interdisciplinary perspectives from legal theory, political theory, and the history of ideas
Brings together an international range of contributors from Europe, North America and Latin America
Provides in-depth analyses of contemporary problems that afflict constitutional democracies globally
Includes a lead essay by Benjamin Arditi, a leading global expert on populism and popular sovereignty
Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of 'the people' in constitutional democracies to the forefront. This book confronts these questions head on as leading scholars across the fields of law, legal theory, political theory and history explore the contemporary problems facing constitutional democracies.
With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people'. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort and Jacques Ranci re.
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.
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