Author: Namibia
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 96
Book Description
The Constitution of the Republic of Namibia
Author: Namibia
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 96
Book Description
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 96
Book Description
Constitutional Rights in Namibia
Author: Gino J. Naldi
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 146
Book Description
This book focuses on the constitutional developments in Namibia since 1990. It begins with an account of Namibia's struggle for self-determination that serves to put the Namibian constitution in context and then proceeds to consider the principal features of the Namibian constitution, the organs of state and the fundamental principles that provide a framework for the effective functioning of a democratic state. It goes on to examine in depth the civil, political, economic, social and cultural rights and freedoms protected by the Declaration of Rights, analysing the relevant jurisprudence of the Namibian courts in the light of international human rights law.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 146
Book Description
This book focuses on the constitutional developments in Namibia since 1990. It begins with an account of Namibia's struggle for self-determination that serves to put the Namibian constitution in context and then proceeds to consider the principal features of the Namibian constitution, the organs of state and the fundamental principles that provide a framework for the effective functioning of a democratic state. It goes on to examine in depth the civil, political, economic, social and cultural rights and freedoms protected by the Declaration of Rights, analysing the relevant jurisprudence of the Namibian courts in the light of international human rights law.
On Reading the Constitution
Author: Laurence H. TRIBE
Publisher: Harvard University Press
ISBN: 0674044452
Category : Political Science
Languages : en
Pages : 157
Book Description
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
Publisher: Harvard University Press
ISBN: 0674044452
Category : Political Science
Languages : en
Pages : 157
Book Description
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
Human Rights and the Rule of Law in Namibia
Author: Nico Horn
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 308
Book Description
The book provides a compilation of papers on current condition of the management of the rule of law in Namibia.
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 308
Book Description
The book provides a compilation of papers on current condition of the management of the rule of law in Namibia.
Against Constitutionalism
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674268024
Category : LAW
Languages : en
Pages : 273
Book Description
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Publisher: Harvard University Press
ISBN: 0674268024
Category : LAW
Languages : en
Pages : 273
Book Description
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Constitutional Coup
Author: Jon D. Michaels
Publisher: Harvard University Press
ISBN: 0674737733
Category : Business & Economics
Languages : en
Pages : 321
Book Description
Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Publisher: Harvard University Press
ISBN: 0674737733
Category : Business & Economics
Languages : en
Pages : 321
Book Description
Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Rationing the Constitution
Author: Andrew Coan
Publisher: Harvard University Press
ISBN: 0674986954
Category : Law
Languages : en
Pages : 281
Book Description
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Publisher: Harvard University Press
ISBN: 0674986954
Category : Law
Languages : en
Pages : 281
Book Description
In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Democracy and Constitutions
Author: Allan C. Hutchinson
Publisher: University of Toronto Press
ISBN: 1487507933
Category : Constitutional law
Languages : en
Pages : 220
Book Description
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Publisher: University of Toronto Press
ISBN: 1487507933
Category : Constitutional law
Languages : en
Pages : 220
Book Description
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Namibia Constitution and Citizenship Law Handboook - Strategic Information and Regulations
Author: IBP, Inc
Publisher: Lulu.com
ISBN: 1438779526
Category : Business & Economics
Languages : en
Pages : 284
Book Description
Namibia Constitution and Citizenship Laws Handbook - Strategic Information and Basic Laws
Publisher: Lulu.com
ISBN: 1438779526
Category : Business & Economics
Languages : en
Pages : 284
Book Description
Namibia Constitution and Citizenship Laws Handbook - Strategic Information and Basic Laws
Constitutional Morality and the Rise of Quasi-Law
Author: Bruce P. Frohnen
Publisher: Harvard University Press
ISBN: 0674968921
Category : Law
Languages : en
Pages : 304
Book Description
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Publisher: Harvard University Press
ISBN: 0674968921
Category : Law
Languages : en
Pages : 304
Book Description
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.