Text and Discourse Constitution

Text and Discourse Constitution PDF Author: János S. Petöfi
Publisher: Walter de Gruyter
ISBN: 3110862123
Category : Language Arts & Disciplines
Languages : en
Pages : 529

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Book Description
Text and Discourse Constitution: Empirical Aspects, Theoretical Approaches (Research in Text Theory.

Text and Discourse Constitution

Text and Discourse Constitution PDF Author: János S. Petöfi
Publisher: Walter de Gruyter
ISBN: 3110862123
Category : Language Arts & Disciplines
Languages : en
Pages : 529

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Book Description
Text and Discourse Constitution: Empirical Aspects, Theoretical Approaches (Research in Text Theory.

The Death Of Discourse

The Death Of Discourse PDF Author: Ronald K L Collins
Publisher: Routledge
ISBN: 1000243893
Category : Social Science
Languages : en
Pages : 320

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Book Description
In this innovative book, the authors persuasively argue that the First Amendment to the Constitution has risen in the late twentieth century, like an ill guided individual with knife in hand, to murder a longstanding tradition of fine and meaningful discourse in the United States. We are bombarded with the cacophony of advertisement, the luridity of pornography, and the pointlessness of prime timepoor substitutes for intelligent consideration of ideas. }In this innovative book, the authors persuasively argue that the First Amendment to the Constitution has risen in the late twentieth century, like an ill-guided individual with knife in hand, to murder a long-standing tradition of fine and meaningful discourse in the United States. What has died is the essential kind of political discourse which promotes democracy; informs citizens; enlivens debate; and carries reason, method, and purpose. Instead, we are bombarded with the cacophony of advertisement, the luridity of pornography, and the pointlessness of prime time.With satirical spirit and wityet to a very serious purpose the narrative of this lively study calls upon many of the very tricks it criticizes. The text is augmented by amusing tales, poetry, tv zaps, eyebites, and boxes of aphorisms resonating between high and low culture, between Plato and Geraldo and Madonna and Mahler to make its points, the discussion reveals how discourse in contemporary America has lost its integrity and its soul.

The Cult of the Constitution

The Cult of the Constitution PDF Author: Mary Anne Franks
Publisher: Stanford University Press
ISBN: 1503609103
Category : Political Science
Languages : en
Pages : 310

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Book Description
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

The Constitutional Text-book

The Constitutional Text-book PDF Author: Furman Sheppard
Publisher:
ISBN:
Category :
Languages : en
Pages : 338

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Book Description


Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Reconsidering Constitutional Formation II Decisive Constitutional Normativity PDF Author: Ulrike Müßig
Publisher:
ISBN: 9781013269943
Category : Political Science
Languages : en
Pages : 424

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Book Description
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Governmental Powers

Governmental Powers PDF Author: Corey L. Brettschneider
Publisher: Aspen Publishing
ISBN: 1454819227
Category : Law
Languages : en
Pages : 1248

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Book Description
Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, written by prominent scholar and professor of constitutional law and political theory, Corey Brettschneider, explores the division, enumeration, and roles of the governmental powers established under the U.S. Constitution and the controversies arising from that system in the context of a changing American society. Like its parent volume, Constitutional Law and American Democracy, this text offers a wealth of highly focused case excerpts and interdisciplinary readings dealing with today s most salient debates. These carefully selected readings and cases focus on high-interest topics, including the nature and justification of judicial review, federalism, and separation of powers, and work together to create a nuanced view of key political and constitutional issues. Grounded in precedent, constitutional theory, and history, this bold work explores urgent issues of current debate and controversy making Governmental Powers fun to read and to teach. The clear, well-reasoned writing frequently challenges and always engages. A dynamic book drawing on a wealth of sources, Governmental Powers: Cases and Readings in Constitutional Law and American Democracy, features: An organization linking the history of the Constitution, constitutional law, and the structure of the federal government to contemporary issues and controversies A wealth of primary sources, including case excerpts, concurring and dissenting opinions, law journal and interdisciplinary articles, and published letters A new chapter on the nature and implications of the Supreme Court s 2012 decision regarding the Patient Protection and Affordable Health Care Act A focused selection of cases conveying a nuanced perspective on the Constitution and the political and constitutional disputes that have shaped its meaning Exposure to legal argumentation through astutely selected and edited readings from noted scholars and theorists Coverage spanning the history and development of constitutional law up to the present day, with ample background for considering the big-picture questions of constitutional doctrine and the Supreme Court s role A stimulating balance of foundational and cutting-edge topical coverage that doesn t sidestep provocative or controversial subject matter Overviews in each chapter introducing the constitutional arguments, chapter readings, and cases Discussion questions promoting comprehension, analysis, and classroom discourse Teachers of constitutional law have long awaited a text like this. Brettschneider blends the most important pertinent statements of political and legal theory with skillful excerpts from the major constitutional cases on governmental powers, civil rights, and civil liberties. Brettschneider s insightful commentaries make the text all the richer. Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania

Constitutional Construction

Constitutional Construction PDF Author: Keith E. Whittington
Publisher: Harvard University Press
ISBN: 0674045157
Category : Law
Languages : en
Pages : 315

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Book Description
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Text and Discourse Connectedness

Text and Discourse Connectedness PDF Author: Maria-Elisabeth Conte
Publisher: John Benjamins Publishing
ISBN: 902723017X
Category : Language Arts & Disciplines
Languages : en
Pages : 613

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Book Description
The 35 papers in this volume provide a comprehensive picture of crucial aspects of connectedness. The papers are divided into three main groups: the papers in the first group deal with particular questions of the text-constituting role of anaphora, deixis, coreference, modality, conjunctions and particles, theme, topic, ellipsis, etc., the second group of papers discusses the connectedness in texts/discourses of different types (narrative texts, stories, horoscopes, anecdotes, poems, comics, etc.), and, finally, the papers in the third group discuss general theoretical/methodological questions concerning connectedness.

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107047668
Category : Law
Languages : en
Pages : 283

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Book Description
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Reconsidering Constitutional Formation II Decisive Constitutional Normativity PDF Author: Ulrike Müßig
Publisher: Springer
ISBN: 3319730371
Category : Law
Languages : en
Pages : 425

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Book Description
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)