Author: Charles Kellogg Burdick
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 716

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Book Description

Author: Ronald Dworkin
Publisher: OUP Oxford
ISBN: 0198265573
Category : Law
Languages : en
Pages : 438

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Book Description
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
ISBN: 0465029574
Category : History
Languages : en
Pages : 644

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Book Description
Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Author: United States
Publisher:
ISBN:
Category :
Languages : en
Pages : 66

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Book Description

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: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1420

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Book Description

Author: Charles Kellogg Burdick
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description

Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Author: Charles K. Burdick
Publisher: Fred B Rothman & Company
ISBN: 9780837719481
Category : Law
Languages : en
Pages : 0

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Book Description

Author: Charles Burdick
Publisher:
ISBN: 9781092481045
Category :
Languages : en
Pages : 474

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Book Description
Excerpt from the book: The Constitution of the United States first of all establishes a national government, and sets off to it certain fields in which it shall be supreme, at the same time imposing upon it certain specific prohibitions and restrictions. It was, however, very far from the purpose of the framers of that instrument to do away with the separate States or to reduce them to mere administrative units. Yet the grants of powers to the national government did of necessity operate as limitations upon the previous sovereign powers of the States; and to these implied limitations were added others which are express. In the second part of this book, I have dealt with the national government in its executive, judicial, and legislative departments, discussing the powers which are granted to each of them, and the limitations which are placed upon their activities. In part three are considered the restrictions placed upon the States, and the extent of the powers which may still be exercised by them. It is believed that this is a logical method of treatment, and it is hoped that it will help to make clear the division of powers between the national and state governments under our federal system. No attempt has been made to treat of the powers of the States under their individual constitutions. This historical work has been digitally restored using the latest technology, making it available in digital and printed form. The original is painstakingly manually quality-checked, leaving fresh, easy-to-read literature in modern fonts whilst keeping the author's intent in place wherever possible. This also enables Kindle versions to use the technology available such as Text-to-Speech, as our books are not simply printed scans.