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Author: Imer B. Flores Publisher: Springer Science & Business Media ISBN: 940074742X Category : Philosophy Languages : en Pages : 196
Book Description
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
Author: Imer B. Flores Publisher: Springer Science & Business Media ISBN: 940074742X Category : Philosophy Languages : en Pages : 196
Book Description
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
Author: Harry Potter Publisher: Boydell & Brewer Ltd ISBN: 178327011X Category : History Languages : en Pages : 364
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: Randy E. Barnett Publisher: Oxford University Press, USA ISBN: 019152204X Category : Political Science Languages : en Pages : 363
Book Description
In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -
Author: Anthony Arthur Peacock Publisher: Rowman & Littlefield ISBN: 9780739136188 Category : History Languages : en Pages : 310
Book Description
"Freedom and the Rule of Law takes a comprehensive look at the historical beginnings of law in the United States as well as recent developments affecting the relationship between freedom and the rule of law. Although the relationship between freedom and the rule of law has been a perennial one since America's Founding, as the contributions compiled by Anthony A. Peacock in this book make clear, it is also a theme of particular importance today." --Book Jacket.
Author: James Reist Stoner Publisher: ISBN: Category : Law Languages : en Pages : 230
Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Annelien De Dijn Publisher: Harvard University Press ISBN: 0674988337 Category : Political Science Languages : en Pages : 433
Book Description
Winner of the PROSE Award An NRC Handelsblad Best Book of the Year “Ambitious and impressive...At a time when the very survival of both freedom and democracy seems uncertain, books like this are more important than ever.” —The Nation “Helps explain how partisans on both the right and the left can claim to be protectors of liberty, yet hold radically different understandings of its meaning...This deeply informed history of an idea has the potential to combat political polarization.” —Publishers Weekly “Ambitious and bold, this book will have an enormous impact on how we think about the place of freedom in the Western tradition.” —Samuel Moyn, author of Not Enough “Brings remarkable clarity to a big and messy subject...New insights and hard-hitting conclusions about the resistance to democracy make this essential reading for anyone interested in the roots of our current dilemmas.” —Lynn Hunt, author of History: Why It Matters For centuries people in the West identified freedom with the ability to exercise control over the way in which they were governed. The equation of liberty with restraints on state power—what most people today associate with freedom—was a deliberate and dramatic rupture with long-established ways of thinking. So what triggered this fateful reversal? In a masterful and surprising reappraisal of more than two thousand years of Western thinking about freedom, Annelien de Dijn argues that this was not the natural outcome of such secular trends as the growth of religious tolerance or the creation of market societies. Rather, it was propelled by an antidemocratic backlash following the French and American Revolutions. The notion that freedom is best preserved by shrinking the sphere of government was not invented by the revolutionaries who created our modern democracies—it was first conceived by their critics and opponents. De Dijn shows that far from following in the path of early American patriots, today’s critics of “big government” owe more to the counterrevolutionaries who tried to undo their work.
Author: John O. McGinnis Publisher: Harvard University Press ISBN: 067472626X Category : Law Languages : en Pages : 309
Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Author: Trevor R. S. Allan Publisher: Oxford University Press, USA ISBN: Category : Language Arts & Disciplines Languages : en Pages : 324
Book Description
In a fresh appraisal of the fundamental doctrines of constitutional law, Trevor Allan examines the nature of the rule of law and the separation of powers. He refutes the traditional doctrine of unlimited parliamentary sovereignty, challenges the orthodox distinction between law and convention, and considers the character of common law rights and the nature and purpose of judicial review of administrative action.
Author: A.V. Dicey Publisher: Springer ISBN: 134917968X Category : Social Science Languages : en Pages : 729
Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author: Imer B. Flores
Author: Imer B. Flores
Author: Harry Potter
Author: Randy E. Barnett
Author: Anthony Arthur Peacock
Author: David Dyzenhaus
Author: James Reist Stoner
Author: Annelien De Dijn
Author: John O. McGinnis
Author: Trevor R. S. Allan
Author: A.V. Dicey