Constitutional History of Serbia

Constitutional History of Serbia PDF Author: Dragoljub Popovic
Publisher: Brill Schoningh
ISBN: 9783506791023
Category :
Languages : en
Pages : 249

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Book Description

Constitutional History of Serbia

Constitutional History of Serbia PDF Author: Dragoljub Popovic
Publisher: Brill Schoningh
ISBN: 9783506791023
Category :
Languages : en
Pages : 249

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Book Description


A Constitution of the People and How to Achieve It

A Constitution of the People and How to Achieve It PDF Author: Aarif Abraham
Publisher: BoD – Books on Demand
ISBN: 3838215168
Category : Political Science
Languages : en
Pages : 382

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Book Description
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.

Handbook of Human Dignity in Europe

Handbook of Human Dignity in Europe PDF Author: Paolo Becchi
Publisher: Springer
ISBN: 9783319280813
Category : Law
Languages : en
Pages : 0

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Book Description
This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept.

Culture of Power in Serbia

Culture of Power in Serbia PDF Author: Eric D. Gordy
Publisher: Penn State Press
ISBN: 0271043687
Category : History
Languages : en
Pages : 244

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Book Description


Serbian Nationalism and the Origins of the Yugoslav Crisis

Serbian Nationalism and the Origins of the Yugoslav Crisis PDF Author: Vesna Pešić
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 50

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Book Description


On Reading the Constitution

On Reading the Constitution PDF Author: Laurence H. TRIBE
Publisher: Harvard University Press
ISBN: 0674044452
Category : Political Science
Languages : en
Pages : 157

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Book Description
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Democracy and Constitutions

Democracy and Constitutions PDF Author: Allan C. Hutchinson
Publisher: University of Toronto Press
ISBN: 1487507933
Category : Constitutional law
Languages : en
Pages : 220

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Book Description
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

The Constitution in Conflict

The Constitution in Conflict PDF Author: Robert A. Burt
Publisher: Harvard University Press
ISBN: 9780674165366
Category : Law
Languages : en
Pages : 492

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Book Description
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.

Originalism and the Good Constitution

Originalism and the Good Constitution PDF Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377

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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

The Second Creation

The Second Creation PDF Author: Jonathan Gienapp
Publisher: Harvard University Press
ISBN: 067498952X
Category : History
Languages : en
Pages : 465

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Book Description
A stunning revision of our founding document’s evolving history that forces us to confront anew the question that animated the founders so long ago: What is our Constitution? Americans widely believe that the United States Constitution was created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the Founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document’s uncertainty, and—over time—how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution’s most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional.