New Frontiers of State Constitutional Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download New Frontiers of State Constitutional Law PDF full book. Access full book title New Frontiers of State Constitutional Law by James A. Gardner. Download full books in PDF and EPUB format.
Author: James A. Gardner Publisher: Oxford University Press ISBN: 0199709580 Category : Law Languages : en Pages : 190
Book Description
New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.
Author: James A. Gardner Publisher: Oxford University Press ISBN: 0199709580 Category : Law Languages : en Pages : 190
Book Description
New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.
Author: James A. Gardner Publisher: Oxford University Press ISBN: 0195368320 Category : Law Languages : en Pages : 190
Book Description
Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Author: James A. Gardner Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This collection of essays projects a new vision for state constitutional law, reflecting a shift in legal thinking about the relationship between national and subnational systems of constitutional law. In addition to chapters by the editors, James Gardner and Jim Rossi, the collection includes chapters by Neal Devins, Helen Hershkoff, Jacob Levy, Daniel Rodriguez, Lawrence Sager, and Robert Schapiro. Together the essays chart a new course that gives voice to a recent, rising chorus of dissent among scholars and judges - namely that national and subnational systems of constitutional law cannot be adequately understood in isolation from one another. To the contrary, they are linked in a web of jurisprudential, social, and pragmatic connections structured by the American system of federalism. Here, multiple layers of constitutional law function together in a complex, interdependent process in which constitutional norms are developed, articulated, and enforced. These essays illuminate the role that state constitutions must play in any theory of federalism, and exemplify a fresh approach to state constitutionalism by discussing a range of issues, including recent debates regarding state constitutional protections for same-sex marriage. The entire work embraces the struggle between state and national power for dominance in American law and places both on equal ground. It contends that constitutional meaning in a federal system is never static and that it evolves over time. In addition to covering methods of judicial review, it discusses the handling of constitutional claims by courts at the state and national level and closely examines the way that courts and constitutions protect individual rights and allocate governmental powers in a federal system.
Author: Silvana R. Siddali Publisher: Cambridge University Press ISBN: 1107090768 Category : History Languages : en Pages : 409
Book Description
Frontier Democracy examines the debates over state constitutions in the antebellum Northwest (Indiana, Illinois, Iowa, Michigan, Minnesota, Ohio, and Wisconsin) from the 1820s through the 1850s. This is a book about conversations: in particular, the fights and negotiations over the core ideals in the constitutions that brought these frontier communities to life. Silvana R. Siddali argues that the Northwestern debates over representation and citizenship reveal two profound commitments: the first to fair deliberation, and the second to ethical principles based on republicanism, Christianity, and science. Some of these ideas succeeded brilliantly: within forty years, the region became an economic and demographic success story. However, some failed tragically: racial hatred prevailed everywhere in the region, in spite of reformers' passionate arguments for justice, and resulted in disfranchisement and even exclusion for non-white Northwesterners that lasted for generations.
Author: Marcelo Neves Publisher: Bloomsbury Publishing ISBN: 1782251243 Category : Law Languages : en Pages : 246
Book Description
Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.
Author: Tom Ginsburg Publisher: Edward Elgar Publishing ISBN: 0857931210 Category : Law Languages : en Pages : 681
Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: William N. Eskridge, Jr. Publisher: Yale University Press ISBN: 0300221819 Category : Social Science Languages : en Pages : 1041
Book Description
The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.
Author: Brian Christopher Jones Publisher: Edward Elgar Publishing ISBN: 1788971108 Category : Law Languages : en Pages : 217
Book Description
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
Author: James A. Gardner
Author: James A. Gardner
Author: James A. Gardner
Author: James A. Gardner
Author: Samuel D. Brandeis, Louis D. Warren
Author: Mark Tushnet
Author: Silvana R. Siddali
Author: Marcelo Neves
Author: Tom Ginsburg
Author: William N. Eskridge, Jr.
Author: Brian Christopher Jones