Constitutional Morality and the Rise of Quasi-Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Morality and the Rise of Quasi-Law PDF full book. Access full book title Constitutional Morality and the Rise of Quasi-Law by Bruce P. Frohnen. Download full books in PDF and EPUB format.
Author: Bruce P. Frohnen
Publisher: Harvard University Press
ISBN: 0674968921
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Author: Bruce P. Frohnen
Publisher: Harvard University Press
ISBN: 0674968921
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Author: Bruce P. Frohnen
Publisher: Harvard University Press
ISBN: 0674088875
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
Get Book Here
Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author: Robin West
Publisher: Cambridge University Press
ISBN: 1139504126
Category : Political Science
Languages : en
Pages : 221
Get Book Here
Book Description
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
Author: Sebastian Edwards
Publisher: Princeton University Press
ISBN: 0691196044
Category : Business & Economics
Languages : en
Pages : 288
Get Book Here
Book Description
The untold story of how FDR did the unthinkable to save the American economy.
Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729
Get Book Here
Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Bruce Frohnen
Publisher: CUA Press
ISBN: 1949822249
Category : Law
Languages : en
Pages : 394
Get Book Here
Book Description
In recent years, our constitutional order has increasingly come under attack as irredeemably undemocratic, racist, and oppressive. At the same time, it is increasingly obvious that politic practices in the United States have strayed very far from the founders’ designs and become deeply dysfunctional. The time is thus ripe for renewed reflection about the American political tradition. This volume reintroduces readers to the conservative tradition of political and constitutional discourse. It brings together prominent political scientists and legal scholars, all of whom were deeply influenced by the life and work of the eminent constitutional scholar George W. Carey. For over 40 years, Carey strove mightily to explain the nature and requirements of our political tradition. How it fostered meaningful, virtuous self-government, and how our constitutional tradition has been derailed by progressivist ideology. He is perhaps best known for his concept of “constitutional morality,” the understanding that our republican constitutional order can be sustained only by a combination of formal mechanisms (e.g., separation of powers) and unwritten norms (“standards of behavior”) that act to foster deliberation and consensus, as well as keep political actors within the boundaries of their constitutional offices. Contributors, including Francis Canavan, Claes G. Ryn, Paul Edward Gottfried, and Peter Augustine Lawler, discuss and develop Carey’s key insights, applying them to issues from the nature of majoritarian government to the purposes of constitutionalism to the decline of virtue that has accompanied the expansion of power among national and international elites. Each essay provides penetrating analysis of key aspects of our tradition, its inherent purposes, growth, and subsequent derailment, as well as the resources remaining within that tradition for the rebuilding of our constitutional order and a decent common life.
Author: Lee J. Strang
Publisher: Cambridge University Press
ISBN: 1108475639
Category : History
Languages : en
Pages : 329
Get Book Here
Book Description
Provides the first natural law justification for an originalist interpretation of the American Constitution.
Author: James Greenwood-Reeves
Publisher: Taylor & Francis
ISBN: 1000832368
Category : Political Science
Languages : en
Pages : 173
Get Book Here
Book Description
This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as "legitimacy claims," or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue – with expressive and instrumental value in denouncing unjust laws – and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other groups internationally, in order to demonstrate that not only can violent protest be acceptable; in times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history, and philosophy, as well as others with interests in contemporary forms of protest.
Author: Michael Tigar
Publisher: NYU Press
ISBN: 1583670300
Category : Law
Languages : en
Pages : 351
Get Book Here
Book Description
Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.
