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Author: Mark S. Kende
Publisher: Cambridge University Press
ISBN: 0521879043
Category : Law
Languages : en
Pages : 336
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Book Description
This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
Author: Mark S. Kende
Publisher: Cambridge University Press
ISBN: 0521879043
Category : Law
Languages : en
Pages : 336
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Book Description
This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
Author: Sandra Liebenberg
Publisher: Juta and Company Ltd
ISBN: 9780702184802
Category : Business & Economics
Languages : en
Pages : 572
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Book Description
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Author: Richard Albert
Publisher: Cambridge University Press
ISBN: 1108419739
Category : Law
Languages : en
Pages : 483
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Book Description
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 019981371X
Category : Law
Languages : en
Pages : 178
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Book Description
Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.
Author: Casimir C. Gecys
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 440
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Book Description
Author: Ioanna Tourkochoriti
Publisher: Cambridge University Press
ISBN: 1316517632
Category : Law
Languages : en
Pages : 305
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Book Description
A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.
Author: Arrell Morgan Gibson
Publisher:
ISBN:
Category : Indians of North America
Languages : en
Pages : 268
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Book Description
Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311
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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author: Sheldon S. Wolin
Publisher: Princeton University Press
ISBN: 1400824796
Category : Philosophy
Languages : en
Pages : 697
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Book Description
Alexis de Tocqueville may be the most influential political thinker in American history. He also led an unusually active and ambitious career in French politics. In this magisterial book, one of America's most important contemporary theorists draws on decades of research and thought to present the first work that fully connects Tocqueville's political and theoretical lives. In doing so, Sheldon Wolin presents sweeping new interpretations of Tocqueville's major works and of his place in intellectual history. As he traces the origins and impact of Tocqueville's ideas, Wolin also offers a profound commentary on the general trajectory of Western political life over the past two hundred years. Wolin proceeds by examining Tocqueville's key writings in light of his experiences in the troubled world of French politics. He portrays Democracy in America, for example, as a theory of discovery that emerged from Tocqueville's contrasting experiences of America and of France's constitutional monarchy. He shows us how Tocqueville used Recollections to reexamine his political commitments in light of the revolutions of 1848 and the threat of socialism. He portrays The Old Regime and the French Revolution as a work of theoretical history designed to throw light on the Bonapartist despotism he saw around him. Throughout, Wolin highlights the tensions between Tocqueville's ideas and his activities as a politician, arguing that--despite his limited political success--Tocqueville was ''perhaps the last influential theorist who can be said to have truly cared about political life.'' In the course of the book, Wolin also shows that Tocqueville struggled with many of the forces that constrain politics today, including the relentless advance of capitalism, of science and technology, and of state bureaucracy. He concludes that Tocqueville's insights and anxieties about the impotence of politics in a ''postaristocratic'' era speak directly to the challenges of our own ''postdemocratic'' age. A monumental new study of Tocqueville, this is also a rich and provocative work about the past, the present, and the future of democratic life in America and abroad.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400822971
Category : Law
Languages : en
Pages : 255
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Book Description
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
