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Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1139460501
Category : Law
Languages : en
Pages : 9
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Book Description
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1139460501
Category : Law
Languages : en
Pages : 9
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Book Description
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Charles Fried
Publisher: Harvard University Press
ISBN: 9780674019546
Category : Law
Languages : en
Pages : 340
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Book Description
Taking the reader up to and through such controversial Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality.
Author: Robert A. Sedler
Publisher: Kluwer Law International B.V.
ISBN: 9041190589
Category : Law
Languages : en
Pages : 219
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
ISBN: 0465065902
Category : Law
Languages : en
Pages : 371
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Book Description
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.
Author: Noah Feldman
Publisher: Farrar, Straus and Giroux
ISBN: 0374720878
Category : History
Languages : en
Pages : 236
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Book Description
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Author: Anthony J. Bellia (Jr)
Publisher: Oxford University Press
ISBN: 019984125X
Category : Law
Languages : en
Pages : 321
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Book Description
The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states
Author: Harry Potter
Publisher: Boydell & Brewer Ltd
ISBN: 178327011X
Category : History
Languages : en
Pages : 364
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Book Description
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Author: Kim Wehle
Publisher: HarperCollins
ISBN: 0062896318
Category : Political Science
Languages : en
Pages : 449
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Book Description
"A must-read for this era.”—Jake Tapper, CNN Anchor and Chief Washington Correspondent An insightful, urgent, and perennially relevant handbook that lays out in common sense language how the United States Constitution works, and how its protections are eroding before our eyes—essential reading for anyone who wants to understand and parse the constantly breaking news about the backbone of American government. The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution--and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever. How to Read the Constitution--and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.
Author: Sylvia Snowiss
Publisher: Yale University Press
ISBN: 9780300046656
Category : Law
Languages : en
Pages : 252
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Book Description
In this book, the author presents a new interpretation of the origin of judicial review. She traces the development of judicial review from American independence through the tenure of John Marshall as Chief Justice, showing that Marshall's role was far more innovative and decisive than has yet been recognized. According to the author all support for judicial review before Marshall contemplated a fundamentally different practice from that which we know today. Marshall did not simply reinforce or extend ideas already accepted but, in superficially minor and disguised ways, effected a radical transformation in the nature of the constitution and the judicial relationship to it.
