Author: Northern Territory. Legislative Assembly. Select Committee on Constitutional DevelopmentPublisher:
ISBN: 9780724518654
Category : Constitutional law
Languages : en
Pages : 106
Book Description
Entrenched Constitutional Provisions
Author: Northern Territory. Legislative Assembly. Select Committee on Constitutional DevelopmentPublisher:
ISBN: 9780724518654
Category : Constitutional law
Languages : en
Pages : 106
Book Description
An Unamendable Constitution?
Author: Richard AlbertPublisher: Springer
ISBN: 3319951416
Category : Law
Languages : en
Pages : 389
Book Description
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Entrenchment
Author: Paul StarrPublisher: Yale University Press
ISBN: 0300244827
Category : Political Science
Languages : en
Pages : 298
Book Description
An investigation into the foundations of democratic societies and the ongoing struggle over the power of concentrated wealth Much of our politics today, Paul Starr writes, is a struggle over entrenchment—efforts to bring about change in ways that opponents will find difficult to undo. That is why the stakes of contemporary politics are so high. In this wide-ranging book, Starr examines how changes at the foundations of society become hard to reverse—yet sometimes are overturned. Overcoming aristocratic power was the formative problem for eighteenth-century revolutions. Overcoming slavery was the central problem for early American democracy. Controlling the power of concentrated wealth has been an ongoing struggle in the world’s capitalist democracies. The battles continue today in the troubled democracies of our time, with the rise of both oligarchy and populist nationalism and the danger that illiberal forces will entrench themselves in power. Entrenchment raises fundamental questions about the origins of our institutions and urgent questions about the future.
Global Environmental Constitutionalism
Author: James R. MayPublisher: Cambridge University Press
ISBN: 1107022258
Category : Business & Economics
Languages : en
Pages : 427
Book Description
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Constituent Power
Author: Arvidsson Matilda ArvidssonPublisher: Edinburgh University Press
ISBN: 147445500X
Category : Law
Languages : en
Pages : 272
Book Description
With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.
An Entrenched Legacy
Author: Patrick M. GarryPublisher: Penn State Press
ISBN: 0271045426
Category : Law
Languages : en
Pages : 202
Book Description
An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system. Although criticisms of judicial power today often attribute its rise to the activism of justices seeking to advance particular political ideologies, Patrick Garry argues instead that the Supreme Court&’s power has grown mainly because of certain constitutional decisions during the New Deal era that initially seemed to portend a lessening of the Court&’s power. When the Court retreated from enforcing separation of powers and federalism as the twin structural protections for individual liberty in the face of FDR&’s New Deal agenda, it was inevitably drawn into an alternative approach, substantive due process, as a means for protecting individual rights. This has led to many controversial judicial rulings, particularly regarding the recognition and enforcement of privacy rights. It has also led to the mistaken belief that the judiciary serves as the only protection of liberty and that an inherent conflict exists between individual liberty and majoritarian rule. Moreover, because the Court has assumed sole responsibility for preserving liberty, the whole area of individual rights has become highly centralized. As Garry argues, individual rights have been placed exclusively under judicial jurisdiction not because of anything the Constitution commands, but because of the constitutional compromise of the New Deal. During the Rehnquist era, the Court tried to reinvigorate the constitutional doctrine of federalism by strengthening certain powers of the states. But, according to Garry, this effort only went halfway toward a true revival of federalism, since the Court continued to rely on judicially enforced individual rights for the protection of liberty. A more comprehensive reform would require a return to the earlier reliance on both federalism and separation of powers as structural devices for protecting liberty. Such reform, as Garry notes, would also help revitalize the role of legislatures in our democratic system.
A Lexicon of Three U.S. Constitutional Provisions
Author: Richard H. W. MaloyPublisher: Vandeplas Pub
ISBN: 9781600421518
Category : Law
Languages : en
Pages : 384
Book Description
The three provisions of the U.S. Constitution, Full Faith and Credit Clause, the Privileges and Immunities Clause and the Equal Protection Clause have been presenting problems of understanding for lawyers and jurists since about the time the Constitution was drafted. They apply to so many different factual situations that they defy a cogent description or definition. To solve this dilemma Professor Emeritus Maloy, in his usual adroit manner, has stated verbatim five Uniform Acts and analyzed almost 700 cases in which courts have resolved issues concerning the provisions under examination. This lexicon (word book) has been constructed with the assistance of three brilliant people - two lawyers and a sagacious layman, as well as the scholarly tome "Making Our Democracy Work," recently written by U.S. Supreme Court Justice Steven Breyer, - to whom this book has been dedicated. Only with an understanding of the cases considering the clauses and the observations of a knowledgeable jurist can an understanding of the Constitutional provisions be gained. They cannot be succinctly described. The cases are presented in short understandable wording, with an in-depth presentation of a few of the more complicated ones. This book has, of course, been written for lawyers, but also for those many laymen who have expressed to the author, an interest in those often considered, but seldom completely understood, terms so often used in American jurisprudence. Professor Richard H.W. Maloy holds a Bachelor of Arts degree from Dartmouth College, a Juris Doctor degree from Columbia Law School, and a Master of Laws degree from the University of Miami. During his 34 years of law practice in Miami, Florida he was an Adjunct Professor of Law at the University of Miami and the author of books on appellate practice, pleadings and bankruptcy. For 25 years he continually updated his 14 volume set of Florida Forms of Practice for the law book publisher, Matthew Bender & Co. He has been on the faculty of St. Thomas University School of Law in Miami since 1991, and is a Professor Emeritus at that school, where he teaches Conflict of Laws and Remedies.
The Sovereignty of Parliament
Author: Jeffrey Denys GoldsworthyPublisher:
ISBN:
Category :
Languages : en
Pages : 336
Book Description
Why Law Matters
Author: Alon HarelPublisher: Oxford University Press (UK)
ISBN: 019964327X
Category : Law
Languages : en
Pages : 253
Book Description
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Constitutions in Authoritarian Regimes
Author: Tom GinsburgPublisher: 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.