Author: Filippo Sabetti
Publisher: Lexington Books
ISBN: 9780739126325
Category : Political Science
Languages : en
Pages : 276

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Book Description
Contains eight conference papers and three previously unpublished papers by Ostrom--P. ix.

Author: Keith E. Whittington
Publisher: Harvard University Press
ISBN: 0674045157
Category : Law
Languages : en
Pages : 315

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Book Description
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Author: Carl Brent Swisher
Publisher:
ISBN:
Category :
Languages : en
Pages : 1145

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Book Description

Author: Henry Jones Ford
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 430

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Author: Victor C. Folsom
Publisher:
ISBN:
Category :
Languages : en
Pages : 15

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Book Description

Author: Mark A. Graber
Publisher: Cambridge University Press
ISBN: 9781139457071
Category : History
Languages : en
Pages : 300

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Book Description
Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

Author: SARAH E. RICKS
Publisher:
ISBN: 9781531019181
Category :
Languages : en
Pages : 998

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Book Description

Author: Lin Li
Publisher: Springer Nature
ISBN: 981329261X
Category : Law
Languages : en
Pages : 426

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Book Description
This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People’s Representative Congress and the characteristics of rule of law specific to China.

Author: Gerald Garvey
Publisher: Princeton University Press
ISBN: 1400869102
Category : Law
Languages : en
Pages : 173

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Book Description
Uniquely blending anthropological and exchange theory, Professor Garvey offers a new interpretation of American constitutional development. His thesis: judicial reliance on a limited stock of received forms has inhibited the development of new concepts that could adequately reflect fundamental changes in society. Professor Garvey reviews the history of the Supreme Court in light of the "bricolage" theory. The Court, by interpreting the Constitution to effect laissez-faire and Social Darwinism, helped bring about a society ostensibly patterned on the buyer-seller model, marked by free exchange and "liberty of contract." New departures by the Court in the areas of free speech and criminal justice, according to the author, evidence a recognition of present inequities and a determination to change them; but to the extent the Court remains loyal to a buyer-seller model, it practices an unrealistic jurisprudence. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author: Woodrow Wilson
Publisher: Read Books Ltd
ISBN: 144749458X
Category : Political Science
Languages : en
Pages : 219

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Book Description
First published in 1908, Constitutional Government in the United States offers Woodrow Wilson’s thoughts on the US political system, including his famous theories regarding constitutional interpretation. This classic volume presents Woodrow Wilson’s criticism of the US founding fathers and cements him as a thought leader during the Progressive era. In it, Wilson discusses the various branches of the US government, including the constitution, courts, party leaders and presidencies. Based on a series of speeches given by Wilson before he won the presidential election in 1912, this classic of American political science literature is still shaping thoughts around the subject today. Chapters in this book include: What is Constitutional Government? The Place of the United States in Constitutional Development The President of the United States The House of Representatives The Senate The Courts The States and the Federal Government Party Government in the United States Constitutional Government in the United States is an essential read for anyone interested in the evolution of political thought and the history of the US constitution.