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Author: Andrew Coan
Publisher:
ISBN: 0674986954
Category : Constitutional law
Languages : en
Pages : 281
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Book Description
The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. 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.--
Author: Andrew Coan
Publisher:
ISBN: 0674986954
Category : Constitutional law
Languages : en
Pages : 281
Get Book Here
Book Description
The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. 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.--
Author: Arnold S. Trebach
Publisher:
ISBN:
Category : Criminal investigation
Languages : en
Pages : 378
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Book Description
Author: Rohit De
Publisher: Princeton University Press
ISBN: 0691210381
Category : History
Languages : en
Pages : 308
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Book Description
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Author: James M. Buchanan
Publisher: University of Michigan Press
ISBN: 9780472061006
Category : Decision-making
Languages : en
Pages : 388
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Book Description
A scientific study of the political and economic factors influencing democratic decision making
Author: Ken Gormley
Publisher: NYU Press
ISBN: 1479839906
Category : Biography & Autobiography
Languages : en
Pages : 711
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Book Description
Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.
Author: Aziz Z. Huq
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 60
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Book Description
This Article analyzes the doctrinal instruments federal courts use to allocate scarce adjudicative resources over competing demands for constitutional remedies. It advances two claims. The first is that a central, hitherto underappreciated, doctrinal instrument for rationing judicial resources is a demand that most constitutional claimants demonstrate that an official violated an exceptionally clear, unambiguous constitutional rule - that is, not only that the Constitution was violated, but that the violation evinced a demanding species of fault. This fault rule first emerged in constitutional tort jurisprudence. It has diffused to the suppression and postconviction review contexts. The Article's second claim is that fault-based rationing of constitutional remedies flows, to an underappreciated degree, from a commitment to judicial independence. Federal courts have developed branch-level autonomy, along with distinctly institutional interests, over the twentieth century. These interests are inconsistent with the vindication of many individualized constitutional claims. While ideological preferences and changing socioeconomic conditions have had well-recognized influences on the path of constitutional remedies, I argue that the judiciary's institutional preferences have also played a large role. This causal link between judicial independence and remedial rationing raises questions about federal courts' function in the Separation of Powers.
Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : LAW
Languages : en
Pages : 193
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Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author: Rosalind Dixon
Publisher: Cambridge University Press
ISBN: 1108415334
Category : History
Languages : en
Pages : 471
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Book Description
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Author: Jeffrey Toobin
Publisher: Anchor
ISBN: 0307472892
Category : Political Science
Languages : en
Pages : 482
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Book Description
Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.
Author: Ludwig Von Mises
Publisher: Read Books Ltd
ISBN: 1446545598
Category : History
Languages : en
Pages : 393
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Book Description
Liberty is not, as the German precursors of Nazism asserted, a negative ideal. Whether a concept is presented in an affirmative or in a negative form is merely a question of idiom. Freedom from want is tantamount to the expression striving after a state of affairs under which people are better supplied with necessities. Freedom of speech is tantamount to a state of affairs under which everybody can say what he wants to say. At the bottom of all totalitarian doctrines lies the belief that the rulers are wiser and loftier than their subjects and that they therefore know better what benefits those ruled than they themselves. Werner Sombart, for many years a fanatical champion of Marxism and later a no less fanatical advocate of Nazism, was bold enough to assert frankly that the Führer gets his orders from God, the supreme Führer of the universe, and that Führertum is a permanent revelation.* Whoever admits this, must, of course, stop questioning the expediency of government omnipotence. Those disagreeing with this theocratical justification of dictatorship claim for themselves the right to discuss freely the problems involved. They do not write state with a capital S. They do not shrink from analyzing the metaphysical notions of Hegelianism and Marxism. They reduce all this high-sounding oratory to the simple question: are the means suggested suitable to attain the ends sought? In answering this question, they hope to render a service to the great majority of their fellow men.
