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Author: Robert M. Pallitto
Publisher: University Press of Kansas
ISBN: 0700620915
Category : Political Science
Languages : en
Pages : 244
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Book Description
In the Supreme Court's 2008 ruling on whether Guantanamo detainees could be barred from U.S. courts, Justice Anthony Kennedy cited the U.S. Constitution, of course. But he also linked the decision to the Magna Carta. Why would a twenty-first century judge,even under the extraordinary circumstances of the "war on terror," invoke a document signed by an English king in the thirteenth century? To address this question, as Robert Pallitto does in this clarifying book, is to probe the history of modern civil liberties, and to explore the process by which judges decide individual rights cases. Pallitto's work, with its insight into competing ideas about interpreting the Constitution--"originalism" versus "constitutional common law"—is of critical importance to our understanding of the nation's founding document. Of far more than symbolic significance, the Magna Carta exerts immediate practical influence on legal outcomes, as Justice Kennedy's opinion demonstrates. To explain this, Pallitto first goes into the Charter's origins, history, and nature, especially its explicit use of "the law of the land" to protect subjects' rights and liberty. The Magna Carta's legacy in the United States reaches back to the nation's founding, with even the colonial charters reflecting its influence. But it is in the Supreme Court's reference to the Charter, spanning the institution's full two-hundred years, that Pallitto finds the greatest impact—most frequently inthe principles of due process (in criminal proceedings) and habeas corpus, but in many other provisions as well. And the weight of this impact registers most deeply and clearly in the development of the constitutional common law—the theory that courts should and do interpret and expand on constitutional texts by reference to tradition and precedent rather than to the drafter's original intent. Charting the Magna Carta's influence on the contemporary jurisprudence of individual rights--from the legal thought of the American colonies through exemplary cases over the history of the Supreme Court—this book offers resounding evidence of the evolution and value of abiding principles through which American liberty endures.
Author: Robert M. Pallitto
Publisher: University Press of Kansas
ISBN: 0700620915
Category : Political Science
Languages : en
Pages : 244
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Book Description
In the Supreme Court's 2008 ruling on whether Guantanamo detainees could be barred from U.S. courts, Justice Anthony Kennedy cited the U.S. Constitution, of course. But he also linked the decision to the Magna Carta. Why would a twenty-first century judge,even under the extraordinary circumstances of the "war on terror," invoke a document signed by an English king in the thirteenth century? To address this question, as Robert Pallitto does in this clarifying book, is to probe the history of modern civil liberties, and to explore the process by which judges decide individual rights cases. Pallitto's work, with its insight into competing ideas about interpreting the Constitution--"originalism" versus "constitutional common law"—is of critical importance to our understanding of the nation's founding document. Of far more than symbolic significance, the Magna Carta exerts immediate practical influence on legal outcomes, as Justice Kennedy's opinion demonstrates. To explain this, Pallitto first goes into the Charter's origins, history, and nature, especially its explicit use of "the law of the land" to protect subjects' rights and liberty. The Magna Carta's legacy in the United States reaches back to the nation's founding, with even the colonial charters reflecting its influence. But it is in the Supreme Court's reference to the Charter, spanning the institution's full two-hundred years, that Pallitto finds the greatest impact—most frequently inthe principles of due process (in criminal proceedings) and habeas corpus, but in many other provisions as well. And the weight of this impact registers most deeply and clearly in the development of the constitutional common law—the theory that courts should and do interpret and expand on constitutional texts by reference to tradition and precedent rather than to the drafter's original intent. Charting the Magna Carta's influence on the contemporary jurisprudence of individual rights--from the legal thought of the American colonies through exemplary cases over the history of the Supreme Court—this book offers resounding evidence of the evolution and value of abiding principles through which American liberty endures.
Author: Neal Shusterman
Publisher: Penguin
ISBN: 0142300942
Category : Juvenile Fiction
Languages : en
Pages : 226
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Book Description
The Shadow Club starts simply enough: the kids who are tired of being second-best get together and, for the first time, talk about how they feel. But soon the members decide to play practical jokes on the first-place winners they envy, and things begin to spin dangerously out of control. "This is a provocative novel . . . The plot is ingeniously simple and the course of events compelling. Brisk enough to snag a popular audience, but forceful in impact, it will leave readers thinking." (Booklist, starred review)
Author: Michael Poznansky
Publisher: Oxford University Press
ISBN: 0190096616
Category : Political Science
Languages : en
Pages : 288
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Book Description
Secrecy is a staple of world politics and a pervasive feature of political life. Leaders keep secrets as they conduct sensitive diplomatic missions, convince reluctant publics to throw their support behind costly wars, and collect sensitive intelligence about sworn enemies. In the Shadow of International Law explores one of the most controversial forms of secret statecraft: the use of covert action to change or overthrow foreign regimes. Drawing from a broad range of cases of US-backed regime change during the Cold War, Michael Poznansky develops a legal theory of covert action to explain why leaders sometimes turn to covert action when conducting regime change, rather than using force to accomplish the same objective. He highlights the surprising role international law plays in these decisions and finds that once the nonintervention principle-which proscribes unwanted violations of another state's sovereignty-was codified in international law in the mid-twentieth century, states became more reluctant to pursue overt regime change without proper cause. Further, absent a legal exemption to nonintervention such as a credible self-defense claim or authorization from an international body, states were more likely to pursue regime change covertly and concealing brazen violations of international law. Shining a light on the secret underpinnings of the liberal international order, the conduct of foreign-imposed regime change, and the impact of international law on state behavior, Poznansky speaks to the potential consequences of America abandoning its role as the steward of the postwar order, as well as the promise and peril of promoting new rules and norms in cyberspace.
Author: Peter Linebaugh
Publisher: Univ of California Press
ISBN: 0520260007
Category : History
Languages : en
Pages : 372
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Book Description
History.
Author: Ed Greenwood
Publisher: Wizards of the Coast
ISBN: 0786961511
Category : Fiction
Languages : en
Pages : 280
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Book Description
When the gods are stripped of their powers, Elminster must carry the weight of Mystra’s magic upon his mortal shoulders It was the eve of the Time of Troubles. The chaos of spilled blood, lawless strife, monsters unleashed, and avatars roaming Faerûn was still to come. Unbeknownst to mortals, the gods had been summoned together—and among them was Mystra, grown proud and willful in the passing eons. With the others, she was about to be stripped of her godhood. The secret of her power gave her an idea. She made certain preparations, looking always for one who would be her successor . . . But until that person's ascension, her power must be preserved. A lone mortal must carry the greater share of her divine energy until the power could be reclaimed, and it was the fate of this mortal to risk being destroyed or driven wild, involuntarily and without warning. This was the occasion of Elminster's Doom.
Author: William Sharp McKechnie
Publisher:
ISBN:
Category : Constitutional history
Languages : zh-TW
Pages : 642
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Book Description
Author: David Carpenter
Publisher: Penguin UK
ISBN: 014196846X
Category : History
Languages : en
Pages : 461
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Book Description
'David Carpenter deserves to replace Sir James Holt as the standard authority, and an unfailingly readable one too.' Ferdinand Mount, TLS 'An invaluable new commentary' Jill Leopore, New Yorker With a new commentary by David Carpenter "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land." Magna Carta, forced on King John in 1215 by rebellion, is one of the most famous documents in world history. It asserts a fundamental principle: that the ruler is subject to the law. Alongside a new text and translation of the Charter, David Carpenter's commentary draws on new discoveries to give an entirely fresh account of Magna Carta's text, origins, survival and enforcement, showing how it quickly gained a central place in English political life. It also uses Magna Carta as a lens through which to view thirteenth-century society, focusing on women and peasants as well as barons and knights. The book is a landmark in Magna Carta studies. 2015 is the 800th anniversary of Magna Carta's creation - an event which will be marked with exhibitions, commemorations and debates in all the countries over whose constitutions and legal assumptions the shadow of Magna Carta hangs.
Author: David Green
Publisher: Boydell & Brewer
ISBN: 1783274522
Category : History
Languages : en
Pages : 202
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Book Description
The fruits of new research on the politics, society and culture of England in the fourteenth century.
Author: Ed Greenwood
Publisher: Wizards of the Coast
ISBN: 9780786903023
Category : Fiction
Languages : en
Pages : 308
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Book Description
Although the Shadowmasters are finally on the run, the evil ones have no plans to relinquish their dreams of conquest, even if it means total anhilation, and it is up to Elminster, Khelben, and Alustriel to end the reign of terror forever. Original. 75,000 first printing.
Author: Stephen Church
Publisher: Basic Books
ISBN: 0465040705
Category : History
Languages : en
Pages : 286
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Book Description
From a renowned medieval historian comes a new biography of King John, the infamous English king whose reign led to the establishment of the Magna Carta and the birth of constitutional democracy King John (1166-1216) has long been seen as the epitome of bad kings. The son of the most charismatic couple of the middle ages, Henry II and Eleanor of Aquitaine, and younger brother of the heroic crusader king, Richard the Lionheart, John lived much of his life in the shadow of his family. When in 1199 he became ruler of his family's lands in England and France, John proved unequal to the task of keeping them together. Early in his reign he lost much of his continental possessions, and over the next decade would come perilously close to losing his English kingdom, too. In King John, medieval historian Stephen Church argues that John's reign, for all its failings, would prove to be a crucial turning point in English history. Though he was a masterful political manipulator, John's traditional ideas of unchecked sovereign power were becoming increasingly unpopular among his subjects, resulting in frequent confrontations. Nor was he willing to tolerate any challenges to his authority. For six long years, John and the pope struggled over the appointment of the Archbishop of Canterbury, a clash that led to the king's excommunication. As king of England, John taxed his people heavily to fund his futile attempt to reconquer the lands lost to the king of France. The cost to his people of this failure was great, but it was greater still for John. In 1215, his subjects rose in rebellion against their king and forced upon him a new constitution by which he was to rule. The principles underlying this constitution -- enshrined in the terms of Magna Carta -- would go on to shape democratic constitutions across the globe, including our own. In this authoritative biography, Church describes how it was that a king famous for his misrule gave rise to Magna Carta, the blueprint for good governance.
