In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions.
Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited.
Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Автор: Klarman Michael J. Название: The Framers` Coup: The Making of the United States Constitution ISBN: 019994203X ISBN-13(EAN): 9780199942039 Издательство: Oxford Academ Рейтинг: Цена: 4988.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Framers` Coup is a a concise yet sharply argued narrative account of how the Framers persuaded the country to adopt a constitution drafted based on their preferences.
Описание: The eighty-five famous essays by Hamilton, Madison, and Jay--known collectively as the Federalist Papers--comprise the lens through which we typically view the ideas behind the U.S. Constitution. But we are wrong to do so, writes David Brian Robertson, if we really want to know what the Founders were thinking. In this provocative new account of the framing of the Constitution, Robertson observes that the Federalist Papers represented only one side in a fierce argument that was settled by compromise--in fact, multiple compromises. Drawing on numerous primary sources, Robertson unravels the highly political dynamics that shaped the document. Hamilton and Madison, who hailed from two of the larger states, pursued an ambitious vision of a robust government with broad power. Leaders from smaller states envisioned only a few added powers, sufficient to correct the disastrous weakness of the Articles of Confederation, but not so strong as to threaten the governing systems within their own states. The two sides battled for three arduous months; the Constitution emerged piece by piece, the product of an evolving web of agreements. Robertson examines each contentious debate, including arguments over the balance between the federal government and the states, slavery, war and peace, and much more. In nearly every case, a fractious, piecemeal, and very political process prevailed. In this way, the convention produced a government of separate institutions, each with the will and ability to defend its independence. Majorities would rule, but the Constitution made it very difficult to assemble majorities large enough to let the government act. Brilliantly argued and deeply researched, this book will change the way we think of original intent. With a bracing willingness to challenge old pieties, Robertson rescues the political realities that created the government we know today.
No concept sparks more controversy in constitutional debate than "original intent." Offering a legal historian's approach to the subject, this book demonstrates that the framers deliberately obscured one of their more important decisions.
Joseph M. Lynch argues that the Constitution was a product of political struggles involving regional interests, economic concerns, and ideology. The framers, he maintains, settled on enigmatic wording of the Necessary and Proper Clause and of the General Welfare provision in the Spending Clause as a compromise, leaving the extent of federal power to be determined by the political process. During ratification, however, attempts by dissident framers to undo the compromise were repelled in The Federalist: charges of overly broad congressional powers were met with protestations that in fact these powers were limited.
Lynch describes how early lawmakers applied the Constitution to such issues as executive power and privilege, the deportation of aliens, and the prohibition of seditious speech. He follows the disputes over the interpretation of this document—focusing on James Madison's changing views—as the new government took shape and political parties were formed. Lynch points out that the first six Congresses and President George Washington disregarded the framers' intentions when they were deemed impractical to follow. In contrast, he warns that the version of original intent put forth in recent Supreme Court opinions regarding congressional power could hinder Congress in serving the nation.
Автор: Drakeman Donald L. Название: The Hollow Core of Constitutional Theory ISBN: 1108485286 ISBN-13(EAN): 9781108485289 Издательство: Cambridge Academ Рейтинг: Цена: 15682.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originalists and living constitutionalists alike have jettisoned the Framers from contemporary constitutional theory. This book shows not only that their practical and theoretical reasoning is unsound, but also that a search for the will of the lawmaker is, and has always been, the core question for judges interpreting legal texts.
Автор: Drakeman Donald L. Название: The Hollow Core of Constitutional Theory ISBN: 1108719392 ISBN-13(EAN): 9781108719391 Издательство: Cambridge University Press Рейтинг: Цена: 8794.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Originalists and living constitutionalists alike have jettisoned the Framers from contemporary constitutional theory. This book shows not only that their practical and theoretical reasoning is unsound, but also that a search for the will of the lawmaker is, and has always been, the core question for judges interpreting legal texts.
Автор: Mcgarry Название: Intention, Supremacy and the Theories of Judicial Review ISBN: 1138856010 ISBN-13(EAN): 9781138856011 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent.
This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories.
This book will be of great interest to students and scholars of UK public law.
Название: Constitutional Review in Western Europe ISBN: 1032506628 ISBN-13(EAN): 9781032506623 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Название: Constitutional Review in Central and Eastern Europe ISBN: 1032506601 ISBN-13(EAN): 9781032506609 Издательство: Taylor&Francis Рейтинг: Цена: 26030.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union’s law-making, as well as its practical application.
Автор: Andrew Blick Название: Electrified Democracy ISBN: 1108473059 ISBN-13(EAN): 9781108473057 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This is the first history and analysis of the impact of technology on the workings of the UK Parliament, situating it within the wider global debates on democracy in the age of the Internet, constitutional law and history, and `law and technology`.
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