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Author: Stephen L. Newman
Publisher: State University of New York Press
ISBN: 0791485846
Category : Political Science
Languages : en
Pages : 291
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Book Description
The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
Author: Stephen L. Newman
Publisher: State University of New York Press
ISBN: 0791485846
Category : Political Science
Languages : en
Pages : 291
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Book Description
The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
Author: Oregon. Office of the Secretary of State
Publisher:
ISBN:
Category : Oregon
Languages : en
Pages : 232
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Book Description
Author: G. Alan Tarr
Publisher: SUNY Press
ISBN: 9780791466148
Category : Political Science
Languages : en
Pages : 228
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Book Description
The first systematic analysis of the obstacles to state constitutional reform.
Author: G. Alan Tarr
Publisher: Princeton University Press
ISBN: 9780691070667
Category : Law
Languages : en
Pages : 262
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Book Description
The distinctiveness of state constitutionalism -- Explaining state constitutional development -- Eighteenth-century state constitutionalism -- Nineteenth-century state constitutionalism -- Twentieth-century state constitutionalism -- State constitutional interpretation.
Author: Emily Zackin
Publisher: Princeton University Press
ISBN: 069115578X
Category : Law
Languages : en
Pages : 250
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Book Description
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
Author: John J. Dinan
Publisher:
ISBN:
Category : History
Languages : en
Pages : 448
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Book Description
The first comprehensive study of all 114 state constitutional conventions for which there are records--from Connecticut's in 1818 to New Hampshire's in 1984. By integrating state constitution-makers with the federal constitutional tradition, this path-breaking work yields a superior understanding of how American citizens have chosen to govern themselves.
Author: Joseph Postell
Publisher: University of Missouri Press
ISBN: 0826273785
Category : Political Science
Languages : en
Pages : 416
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Book Description
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Author: Woodrow Wilson
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 254
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Book Description
Author: DANIEL A.. SIEGEL FARBER (NEIL S.)
Publisher: Foundation Press
ISBN: 9781640208018
Category :
Languages : en
Pages : 507
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Book Description
United States Constitutional Law guides law students, political science students, and engaged citizens through the complexities of U.S. Supreme Court doctrine--and its relationship to constitutional politics--in key areas ranging from federalism and presidential power to equal protection and substantive due process. Rather than approach constitutional law as a static structure or imagine the Supreme Court as acting in isolation from society, the book elaborates and clarifies key constitutional doctrines while also drawing on scholarship in law and political science that relates the doctrines to large social changes such as industrialization, social movements such as civil rights and second-wave feminism, and institutional tensions between governmental actors. Combining legal analysis with historical narrative and sensitivity to political context, the book provides deeper understanding of how constitutional law arises, functions, and changes in a complex, often-divided society.
Author: Scott GORDON
Publisher: Harvard University Press
ISBN: 0674037839
Category : Political Science
Languages : en
Pages : 408
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Book Description
This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.
