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Author: Sean Wilson
Publisher: Rowman & Littlefield
ISBN: 0739178156
Category : Law
Languages : en
Pages : 237
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Book Description
This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views o...
Author: Sean Wilson
Publisher: Rowman & Littlefield
ISBN: 0739178156
Category : Law
Languages : en
Pages : 237
Get Book Here
Book Description
This is a new Wittgensteinian account of the American Constitution that provides a fresh perspective on how judges can follow a legal document written in flexible language. The book shows why originalism is incompatible with the American legal system and challenges the views o...
Author: ALbert E. S. De Bessieres
Publisher:
ISBN:
Category :
Languages : en
Pages : 188
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Book Description
Author: James Bryce Bryce (Viscount)
Publisher:
ISBN:
Category : Australia
Languages : en
Pages : 494
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Book Description
Author: Felix Petersen
Publisher: Cambridge University Press
ISBN: 1108497624
Category : Law
Languages : en
Pages : 427
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Book Description
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171
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Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 201
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Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0195304276
Category : Law
Languages : en
Pages : 186
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Book Description
Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.
Author: James Bryce
Publisher:
ISBN: 1440068437
Category :
Languages : en
Pages :
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Book Description
Author: Cynthia L. Brown
Publisher:
ISBN:
Category : Suffrage
Languages : en
Pages : 86
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Book Description
Author: Claudio López-Guerra
Publisher: Cambridge University Press
ISBN: 1107065232
Category : Philosophy
Languages : en
Pages : 303
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Book Description
This volume advances the research agenda of one of the most remarkable political thinkers of our time: Jon Elster. With an impressive list of contributors, it features studies in five topics in political and social theory: rationality and collective action, political and social norms, democracy and constitution making, transitional justice, and the explanation of social behavior. Additionally, this volume includes chapters on the development of Elster's thinking over the past decades. Like Elster's own writings, the essays in this collection are problem-driven, nonideal inquiries of practical relevance. This volume closes with lucid comments by Jon Elster.
