Drug Legalization in Federalist Constitutional Democracies PDF Download
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Author: Daniel Alati
Publisher: Taylor & Francis
ISBN: 1000653323
Category : Law
Languages : en
Pages : 176
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Book Description
This book uses the Canadian cannabis legalization experiment, analyzed in the historical context of wider drug criminalization in Canada and placed in an international perspective, to examine important lessons about the differential implementation of federal law in jurisdictions within federalist constitutional democracies. Utilizing a socio-legal, interdisciplinary methodology, the work provides a comprehensive history of Canada’s federal drug policy and engages in a critical appraisal of its provincial implementation. It also presents a significant international and comparative component, bringing in analyses of the status of drug legalization in other federalist constitutional democracies. Readers of the book will thus gain a comprehensive knowledge of drug legalization in federalist constitutional democracies. They will also better understand the political and cultural factors that impact upon differential implementation of federal law in individual jurisdictions, including, but not limited to, legacies of racism and stigmatization of drug use. Using the experience of Canada and other countries, future challenges and lessons to be learned for states considering federal drug legalization are analyzed and explained. The book will be a valuable resource for students, academics and policy-makers in the areas of Criminal Law, Constitutional Law, Criminology, Socio-Legal Studies, Indigenous Studies, and Drug and Health Policy Studies.
Author: Daniel Alati
Publisher: Taylor & Francis
ISBN: 1000653323
Category : Law
Languages : en
Pages : 176
Get Book Here
Book Description
This book uses the Canadian cannabis legalization experiment, analyzed in the historical context of wider drug criminalization in Canada and placed in an international perspective, to examine important lessons about the differential implementation of federal law in jurisdictions within federalist constitutional democracies. Utilizing a socio-legal, interdisciplinary methodology, the work provides a comprehensive history of Canada’s federal drug policy and engages in a critical appraisal of its provincial implementation. It also presents a significant international and comparative component, bringing in analyses of the status of drug legalization in other federalist constitutional democracies. Readers of the book will thus gain a comprehensive knowledge of drug legalization in federalist constitutional democracies. They will also better understand the political and cultural factors that impact upon differential implementation of federal law in individual jurisdictions, including, but not limited to, legacies of racism and stigmatization of drug use. Using the experience of Canada and other countries, future challenges and lessons to be learned for states considering federal drug legalization are analyzed and explained. The book will be a valuable resource for students, academics and policy-makers in the areas of Criminal Law, Constitutional Law, Criminology, Socio-Legal Studies, Indigenous Studies, and Drug and Health Policy Studies.
Author: Jonathan H. Adler
Publisher: Brookings Institution Press
ISBN: 0815737904
Category : Political Science
Languages : en
Pages : 163
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Book Description
On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal “controlled substance” under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas—such as banking regulations—in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.
Author: James E. Fleming
Publisher: NYU Press
ISBN: 147986885X
Category : Law
Languages : en
Pages : 460
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Book Description
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Author: Karin Swisher
Publisher: Greenhaven Press, Incorporated
ISBN: 9781565103788
Category : Juvenile Nonfiction
Languages : en
Pages : 132
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Book Description
Examines arguments in support of and against legalizing drugs.
Author: Peter S. Onuf
Publisher: University of Pennsylvania Press
ISBN: 0812200381
Category : History
Languages : en
Pages : 303
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Book Description
Historians have emphasized the founding fathers' statesmanship and vision in the development of a more powerful union under the federal constitution. In The Origins of the Federal Republic, Peter S. Onuf clarifies the founders' achievement by demonstrating with case studies of New York, Pennsylvania, Vermont, and Virginia that territorial confrontations among the former colonies played a crucial role in shaping early concepts of statehood and union and provided the true basis of the American federalist system.
Author:
Publisher:
ISBN:
Category : Air Force law
Languages : en
Pages : 656
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Book Description
Author: United States. Commission on Marihuana and Drug Abuse
Publisher:
ISBN:
Category : Drug abuse
Languages : en
Pages : 806
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Book Description
Author: Dennis C. Mueller
Publisher: Oxford University Press
ISBN: 0198025602
Category : Political Science
Languages : en
Pages : 395
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Book Description
This volume systematically examines how the basic constitutional structure of governments affects what they can accomplish. At a time when Americans are more and more disillusioned about government's fundamental ability to reach solutions for domestic problems, and when countries in the former Soviet block and around the world are rewriting their constitutions, the relationship between government and constitution is especially important. Political economist Dennis Mueller illuminates the links between the structure of democratic government and its outcomes by drawing comparisons between the American system and other systems around the world. Working from the "public choice" perspective in political science, the book analyzes electoral rules, voting rules, federalism, citizenship, and separation of powers, making it a valuable resource for anyone curious about the world's political environment.
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: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656438X
Category : Law
Languages : en
Pages : 306
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Book Description
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
