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Author: Antoni Abat i Ninet Publisher: Edinburgh University Press ISBN: 074867537X Category : True Crime Languages : en Pages : 192
Book Description
Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive
Author: Héctor López Bofill Publisher: Routledge ISBN: 1000393844 Category : Business & Economics Languages : en Pages : 192
Book Description
This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Author: Aziz Z. Huq Publisher: Oxford University Press ISBN: 0197556817 Category : LAW Languages : en Pages : 193
Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author: Mary Anne Franks Publisher: Stanford University Press ISBN: 1503609103 Category : Political Science Languages : en Pages : 310
Book Description
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Author: Jon D. Michaels Publisher: Harvard University Press ISBN: 0674737733 Category : Business & Economics Languages : en Pages : 321
Book Description
Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Author: Catherine J. Ross Publisher: University of Pennsylvania Press ISBN: 0812253256 Category : Political Science Languages : en Pages : 184
Book Description
Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.
Author: Daniel W Webster Publisher: Johns Hopkins University Press+ORM ISBN: 1421411725 Category : Law Languages : en Pages : 32
Book Description
This excerpt from the “masterful, timely, data-driven” study of the gun control debate examines the potential of stronger purchasing laws (Choice). As the debate on gun control continues, evidence-based research is needed to answer a crucial question: How do we reduce gun violence? One of the biggest gun policy reforms under consideration is the regulation of firearm sales and stopping the diversion of guns to criminals. This selection from the major anthology of studies Reducing Gun Violence in America presents compelling evidence that stronger purchasing laws and better enforcement of these laws result in lower gun violence. Additional material for this edition includes an introduction by Michael R. Bloomberg and Consensus Recommendations for Reforms to Federal Gun Policies from the Johns Hopkins University.
Author: Michal R. Belknap Publisher: University of Georgia Press ISBN: 9780820317359 Category : Social Science Languages : en Pages : 438
Book Description
Federal Law and Southern Order, first published in 1987, examines the factors behind the federal government's long delay in responding to racial violence during the 1950s and 1960s. The book also reveals that it was apprehension of a militant minority of white racists that ultimately spurred acquiescent state and local officials in the South to protect blacks and others involved in civil rights activities. By tracing patterns of violent racial crimes and probing the federal government's persistent failure to punish those who committed the crimes, Michal R. Belknap tells how and why judges, presidents, members of Congress, and even Justice Department and Federal Bureau of Investigation officials accepted the South's insistence that federalism precluded any national interference in southern law enforcement. Lulled into complacency by the soothing rationalization of federalism, Washington for too long remained a bystander while the Ku Klux Klan and others used violence to sabotage the civil rights movement, Belknap demonstrates. In the foreword to this paperback edition, Belknap examines how other scholars, in works published after Federal Law and Southern Order, have treated issues related to federal efforts to curb racial violence. He also explores how incidents of racial violence since the 1960s have been addressed by the state legal systems of the South and discusses the significance for the contemporary South of congressional legislation enacted during the 1960s to suppress racially motivated murders, beatings, and intimidation.
Author: Ruth Rubio-Marin Publisher: Cambridge University Press ISBN: 1107177022 Category : Law Languages : en Pages : 405
Book Description
Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
Author: Matt Doeden
Author: Antoni Abat i Ninet
Author: Matt Doeden
Author: Héctor López Bofill
Author: Aziz Z. Huq
Author: Mary Anne Franks
Author: Jon D. Michaels
Author: Catherine J. Ross
Author: Daniel W Webster
Author: Michal R. Belknap
Author: Ruth Rubio-Marin