The Constitutional Structure of Proportionality PDF Download
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Author: Matthias Klatt
Publisher: Oxford University Press on Demand
ISBN: 0199662460
Category : Law
Languages : en
Pages : 203
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Book Description
Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
Author: Matthias Klatt
Publisher: Oxford University Press on Demand
ISBN: 0199662460
Category : Law
Languages : en
Pages : 203
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Book Description
Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
ISBN: 0190866063
Category :
Languages : en
Pages : 288
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Book Description
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Author: Jed Rubenfeld
Publisher: Harvard University Press
ISBN: 9780674017153
Category : Law
Languages : en
Pages : 260
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Book Description
Constitutional law's central narrative in the 20th century has been one of radical reinterpretation--Brown v. Board of Education, Roe v. Wade, Bush v. Gore. What justifies this phenomenon? How does it work doctrinally? What structures it or limits it? Rubenfeld finds a pattern in constitutional interpretation that answers these questions.
Author: Martin H. Redish
Publisher: Oxford University Press, USA
ISBN: 0195070607
Category : Constitutional law
Languages : en
Pages : 240
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Book Description
Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely down-played. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. The Constitution as Political Structure emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory. In its exposition of the textual and theoretical rationales for judicial enforcement of the structural values embodied in the Constitution, this book presents a principled alternative to the extremes of judicial abdication articulated by certain scholars and Justices on the one hand, and the result-oriented ideological involvement advocated in some quarters on the other. This work will be of great interest to scholars of law and political science.
Author: Charles Lund Black
Publisher:
ISBN: 9780918024442
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN: 1543839053
Category : Law
Languages : en
Pages : 1033
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Book Description
Constitutional Structure: Cases in Context, Fourth Edition
Author: Ernest A. Young
Publisher: Foundation Press
ISBN: 9781599417400
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
This casebook is designed to reflect more accurately the way that Constitutional Law is generally taught in contemporary law schools. Most schools no longer attempt to offer a comprehensive survey course; rather, they offer an introduction to the subject that omits topics like the First Amendment and frequently focuses on issues of constitutional structure. The basic idea of this book is to conform the casebook more closely to the subjects actually covered in most introductory constitutional law courses. The book also tries to capture the best of both topical and historical arrangements. This book makes no attempt at comprehensive coverage. It combines a historical approach in the first half of the book with a very thorough doctrinal treatment of structural questions in the second. The book departs from most other casebooks in the field by offering longer cuts of fewer key cases, rather than trying to treat every significant case. The underlying theory is that the justices are considerably less cryptic when one includes a greater proportion of their explanations, and that the extra reading load is more than offset by the decrease in confusion. This book is divided into two principal parts. The first offers a general survey of judicial review, arranged as a history of the U.S. Supreme Court from Marbury to Bush v. Gore. This history accomplishes several goals: It presents an overall picture of the institution of judicial review as it has evolved over our history; it introduces the basics of a number of rights issues (e.g., equal protection and race, due process and privacy) not covered elsewhere in the course; and it exposes students to different theoretical approaches to constitutional interpretation. The second half of the book presents an in-depth doctrinal study of federalism and separation of powers,
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
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Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author: Randy E. Barnett
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 473
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Book Description
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Author: Randy E. Barnett
Publisher: Aspen Publishers
ISBN: 9781454815631
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
Constitutional Structure: Cases in Context places primary emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than focusing simply on doctrinal details. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses, no matter the ideology or interpretative method. Cases are judiciously supplemented with background readings from various sources. Providing additional context, the readings are long enough to help students understand the arguments, and edited where necessary to prevent overwhelming them. Constitutional Structure: Cases in Context represents rival interpretations of the Constitution by founders, presidents, and other critics of the Court';s decisions better than do many other casebooks. Boxed study guide questions help students focus on the salient issues, challenge them to consider the court's opinions from various perspectives, suggest comparisons or connections with other cases, and invite the student to think about recurring foundational principles and debates. The two-color design also features an art program. Constitutional Structure: Cases in Context covers Parts I and II of the parent book, Constitutional Law: Cases in Context, and can be taught in its entirety in one-semester courses. Features: emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than on just doctrinal details teachable, class-sized chunks manageable for professors and students better suited to one-semester courses or reduced credit configurations generous case excerpts for flexibility in teaching, no matter the approach cases supplemented with judicious background readings various sources provide context readings are long enough to help students to understand arguments edited where necessary to prevent overwhelming the reader represents rival interpretations of the Constitution by founders, presidents, and critics of the Court s decisions includes study guide questions challenge students to consider the court's opinions from various perspectives direct the student to key aspects of the case encourage student to see points of disagreement among opinions suggest comparisons or connections with other cases explore recurring foundational principles and debates two-color design with an art program covers parts I and II of the parent book, Constitutional Law: Cases in Context can be taught in its entirety in one-semester Con Law courses supplemented by an annual case supplement available in e-format as well as print
