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Author: Ruthann Robson Publisher: Cambridge University Press ISBN: 0521761654 Category : Health & Fitness Languages : en Pages : 273
Book Description
This book examines the rights to expression and equality, and the restraints on government power, as they both limit and allow control of our personal choices.
Author: Ruthann Robson Publisher: Cambridge University Press ISBN: 0521761654 Category : Health & Fitness Languages : en Pages : 273
Book Description
This book examines the rights to expression and equality, and the restraints on government power, as they both limit and allow control of our personal choices.
Author: Richard H. Fallon Publisher: Harvard University Press ISBN: 0674975812 Category : Law Languages : en Pages : 237
Book Description
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Author: Rogers M. Smith Publisher: Democracy, Citizenship, and Company ISBN: 0812252349 Category : History Languages : en Pages : 336
Book Description
The world has seen many new constitutions promising social rights and adopting innovative representative institutions. This book presents examples from the United States, Europe, Africa, and Asia that show these constitutions face many challenges, especially the rise of authoritarian regimes that endanger the rule of law.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 1107047668 Category : Law Languages : en Pages : 283
Book Description
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.
Author: Frank Cross Publisher: Stanford University Press ISBN: 0804784698 Category : Law Languages : en Pages : 237
Book Description
Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
Author: Sotirios A. Barber Publisher: ISBN: Category : Law Languages : en Pages : 279
Book Description
Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.
Author: Ruthann Robson
Author: Ruthann Robson
Author: Richard H. Fallon
Author: Rogers M. Smith
Author: Tom Ginsburg
Author: Frank Cross![Constitution, By-laws, Sailing Regulations, [etc.] PDF](https://books.google.com/books/content/images/frontcover/3n8SAAAAYAAJ?fife=w80-h100)
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Author: Sotirios A. Barber
Author: Daniel Handler
Author: John Herr Musser