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Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1324
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Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1324
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Author: United States. Bureau of Land Management
Publisher:
ISBN:
Category : Government information
Languages : en
Pages : 68
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Book Description
Author: Bhagwan Vishnoo
Publisher: Sterling Publishers Pvt. Ltd
ISBN: 9788120719378
Category :
Languages : en
Pages : 748
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Book Description
Author: Francisco J. Bellido
Publisher: Springer Nature
ISBN: 303156894X
Category :
Languages : en
Pages : 223
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Book Description
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Robert S. Sharlet
Publisher: M.E. Sharpe
ISBN: 9781563240638
Category : History
Languages : en
Pages : 216
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Book Description
Moving from the adoption of the "post-Stalin" Constitution of 1977 through its subsequent implementation under Brezhnev, Andropov, and Chernenko to the radical legal "restructuring" of the Gorbachev years, Robert Sharlet traces the gradual evolution of a nascent constitutionalism in the erstwhile USSR. Sharlet, a noted authority on Soviet law and constitutional development, demonstrates the gradual transformation of law from an instrument of Communist Party rule into the new "rules of the game" for nonauthoritarian political development. In effect, he argues, one of Gorbachev's most durable achievements may be his redefinition of Soviet politics into a legal idiom along with his relocation of policymaking from behind the closed doors of Party conclaves into the more open, emergent arena of constitutional government. In analyzing the politics of law from the Brezhnev era to the rise of Yeltsin, the author takes account of the "war of laws", the symbolic uses of the Soviet constitution, and even the fact that the leaders of the failed coup attempted to justify their seizure of power on constitutional grounds. Constitutionalism has sufficiently suffused Soviet public life, the book concludes, that most of the sovereign republics as successors to the former USSR, have begun designing their futures - to varying degrees - in constitutional forms.
Author: Luder Gerken
Publisher: Routledge
ISBN: 1134466935
Category : Business & Economics
Languages : en
Pages : 316
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Book Description
In these heady days of ever increasing globalization it has become vital to question whether governments should be allowed to protect domestic enterprises from foreign competitors.This book represents a first attempt to provide a new conceptual basis for discussing the cases in which free trade should be the option of choice in trade policy and tho
Author: Thomas C. Bruneau
Publisher:
ISBN:
Category : Brazil
Languages : en
Pages : 54
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Book Description
The Report analyzes the Brazilian experience in formulating a new constitution in 1987- 1988 in comparative perspective with Portugal and Spain. It is demonstrated how the political actors in Brazil participated in the Constituent Assembly in order to ensure their interests in the basic document. Due to the political dynamics of the period and the severe economic crisis, the Assembly was extremely open, or porous, and the resulting document is long (315 articles), detailed, and extremely ambitious. There is some question, however, whether the political structures and economic resources will allow for a substantial implementation of the Constitution. (fr).
Author: Mary Anne Franks
Publisher: Stanford University Press
ISBN: 1503609103
Category : Political Science
Languages : en
Pages : 310
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Book Description
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Author: Texas
Publisher:
ISBN:
Category : Natural resources
Languages : en
Pages : 588
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Book Description
