Author: DJ Galligan
Publisher: Bloomsbury Publishing
ISBN: 1509940057
Category : Law
Languages : en
Pages : 336
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Book Description
Are the courts our friend or our foe? This book has three parts: Part I considers the case for judicial independence Part II looks at the question 'Is judicial independence under threat?' Part III reflects on whether judicial independence be defended and protected. Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Mary's Church, Putney in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.
Author: D. J. Galligan
Publisher: Oxford University Press
ISBN: 0198907389
Category : Law
Languages : en
Pages : 417
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Book Description
Drawing upon David Hume's observation that, on the one hand people readily submit to authority, while on the other hand, authority depends on their opinion, Keepers of the Common Good examines the intricate interplay between opinion and submission to authority. The author proposes and develops a novel social understanding of constitutional authority and the place of the people. Analysing selected episodes of rebellion throughout history, the book traces the relationship between the people and the officials who govern. From the peasants of Gagliano who rejected the Italian state as illegitimate, to a wealth of rebellions in English history, the book builds on the social foundation earlier eloquently expressed as 'peoples precede nations'. In developing this idea, the author identifies, first, a lower register of constitutional discourse and ideas that emerge naturally within communities, and then, secondly, an upper register that gives meaning and justification to the prevailing constitutional order. By examining both registers, the book reveals their foundations, upon which an illuminating account of social relations between rulers and the ruled, officials, and the people is constructed. The book then identifies three distinct forms of rule: princely rule, people ruling themselves, and rule by representatives. After evaluating each model's explanatory power in explaining how people experience and influence the constitutional field, a fourth model of rule is proposed: the keeper's model. This model is used to explain the place and practice of the people in modern constitutional systems, broadly considered democratic. Although the book is not a study of democracy, a fresh and realistic understanding emerges from the keeper's model of the place of the people within the constitutional field.
Author: Missouri. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 826
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Book Description
Author: Missouri. Supreme Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 828
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Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1244
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Book Description
Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas.
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1214
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Book Description
Author: Matthias Klatt
Publisher: Bloomsbury Publishing
ISBN: 150995385X
Category : Law
Languages : en
Pages : 463
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Book Description
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Author: Adam Galinsky
Publisher: Crown Currency
ISBN: 030772025X
Category : Business & Economics
Languages : en
Pages : 322
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Book Description
What does it take to succeed? This question has fueled a long-running debate. Some have argued that humans are fundamentally competitive, and that pursuing self-interest is the best way to get ahead. Others claim that humans are born to cooperate and that we are most successful when we collaborate with others. In FRIEND AND FOE, researchers Galinsky and Schweitzer explain why this debate misses the mark. Rather than being hardwired to compete or cooperate, we have evolved to do both. In every relationship, from co-workers to friends to spouses to siblings we are both friends and foes. It is only by learning how to strike the right balance between these two forces that we can improve our long-term relationships and get more of what we want. Here, Galinsky and Schweitzer draw on original, cutting edge research from their own labs and from across the social sciences as well as vivid real-world examples to show how to maximize success in work and in life by deftly navigating the tension between cooperation and competition. They offer insights and advice ranging from: how to gain power and keep it, how to build trust and repair trust once it’s broken, how to diffuse workplace conflict and bias, how to find the right comparisons to motivate us and make us happier, and how to succeed in negotiations – ensuring that we achieve our own goals and satisfy those of our counterparts. Along the way, they pose and offer surprising answers to a number of perplexing puzzles: when does too much talent undermine success; why can acting less competently gain you status and authority, where do many gender differences in the workplace really come from, how can you use deception to build trust, and why do you want to go last on American Idol and in many interview situations, but make the first offer when negotiating the sale of a new car. We perform at our very best when we hold cooperation and competition in the right balance. This book is a guide for navigating our social and professional worlds by learning when to cooperate as a friend and when to compete as a foe—and how to be better at both.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 760
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Author: William John Tossell
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 760
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Book Description
