Public Values in Constitutional Law PDF Download

Author: Stephen E. Gottlieb
Publisher: University of Michigan Press
ISBN: 9780472104345
Category : Constitutional law
Languages : en
Pages : 300

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Book Description
Critical examination of the concept of compelling government interests

Author: Stephen E. Gottlieb
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
One way to describe constitutional law has been concern with security, driven by fear not only of crime, insurrection, and subversion, but fear of rights, fear that claims of life, liberty, and property would cripple the Republic. Yet these very fears can be positively described as concern with that selfsame life, liberty, property, equality, and democracy. Therein lies a vision not of fear but of hope -- a vision generous enough to embrace those values of the Preamble the Court has held are not empowering but only precatory -- general welfare, liberty, and justice. The essay explores these very different visions of constitutional law and their implications.

Author: Sheila Suess Kennedy
Publisher: Jones & Bartlett Learning
ISBN: 0763760021
Category : Business & Economics
Languages : en
Pages : 323

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Book Description
Questions of ethics in public administration are increasingly in the news, where commentators seem too often detached from the sources of those ethics and their application to current political conflicts. American Public Service: Constitutional and Ethical Foundations examines public administration ethics as contextualized by constitutional, legal, and political values within the United States. Through case studies, hypothetical examples, and an easy-to-read discussion format, the authors explore what these values mean for specific duties of government managers and for the resolution of many contemporary issues confronting public sector officials. Key Features: • Describes the philosophical underpinnings of the Constitution and the Bill of Rights • Identifies the values that anchor and define what government and public administrators should do. • Indicates where these values fit into a framework for moral decision-making in the public sector, and how they apply to discussions of current controversies in public administration. • Written by authors with rich experience as both lawyers and academics in public administration programs.

Author: Stephanie Newbold
Publisher: Routledge
ISBN: 1315438941
Category : Political Science
Languages : en
Pages : 334

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Book Description
The growing ‘constitutional school’ of public administration has roots in the Federalist Papers, constitutional law, and the writings of several contemporary leaders and contributors in the field. It is comprised of a loose grouping of scholars who subscribe to the proposition that constitutions and the constitutional characteristics of a regime are key determinants of public administrative culture, institutions, organizations, personnel practices, budgetary and decision-making processes, commitment to the rule of law and human rights, and myriad aspects of overall behavior. Participants in constitutional school research believe that the ‘big questions’ in public administration cannot be answered without reference to constitutional designs, institutions, and regime values. This edited volume brings together the most prominent names in constitutional school scholarship in an aim to make it more visible, accessible, and central to the field of public administration's pedagogy, scholarship, and intellectual development. It will be essential reading for scholars and students of public administration with an interest in constitutional / administrative law and political theory around the globe.

Author: Lily Xiao Hong Lee
Publisher: Routledge
ISBN: 1317477952
Category : Business & Economics
Languages : en
Pages : 320

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Book Description
An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964.

Author: Martin H. Redish
Publisher: Oxford University Press
ISBN: 0195361350
Category : Law
Languages : en
Pages : 240

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Book Description
Over the last forty years modern constitutional scholarship has concentrated on an analysis of rights, while principles of constitutional law concerning the structure of government have been largely downplayed. The irony of this interpretive emphasis is that the body of the Constitution contains relatively little dealing directly with rights. Rather, it is primarily a blueprint for the establishment of a complex form of federal-democratic structure. This work emphasizes the central role served by the structural portions of the Constitution. Redish argues that these structural values were designed to provide the framework in which our rights-based system may flourish, and that judicial abandonment of these structural values threatens the very foundations of American political theory.

Author: Dennis Davis
Publisher: Bloomsbury Publishing
ISBN: 1849469180
Category : Law
Languages : en
Pages : 659

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Book Description
The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.

Author: Thomas T. Taylor
Publisher: eBookIt.com
ISBN: 1456641700
Category : Law
Languages : en
Pages : 155

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Book Description
Unlock the Secrets of the Constitution Ever felt overwhelmed or confused by the intricacies of the U.S. Constitution? You're not alone. The foundation of American governance, the Constitution can often seem complex and inaccessible. But what if there was a guide that made it all simple? Dive into Constitutional Clarity: A Simple Guide to Constitutional Law and discover the Constitution like never before. This meticulously crafted guide breaks down the core principles, rights, and structures that have shaped the nation for centuries. From the historic origins of constitutional law to the pivotal cases that have defined its interpretation, this book is a treasure trove of insights. Explore the balance between individual freedoms and collective good, unravel the essence of federalism, and compare the U.S. Constitution with its counterparts from around the globe. With chapters dedicated to each branch of government and their powers, you'll gain a comprehensive understanding of the checks and balances that ensure democracy. Uncover the process of constitutional amendments, learn about the rights and responsibilities of citizens, and get practical tips on engaging with and protecting your constitutional rights. The added appendices offer a full text of the U.S. Constitution, a glossary of key terms, resources for further reading, and guidance on advocacy and engagement. Don't let the Constitution remain a mystery. Equip yourself with knowledge, foster informed discussions, and be an active participant in the democratic process. Whether you're a student, educator, activist, or simply a curious reader, Constitutional Clarity is your key to understanding the Constitution in all its depth and nuance. Embark on this enlightening journey today!

Author: Yong Lee
Publisher: Bloomsbury Publishing USA
ISBN: 0313389276
Category : Business & Economics
Languages : en
Pages : 184

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Book Description
Several Supreme Court battles during the Warren-Burger era finally brought public sector employees under constitutional protection, setting forth a new legal framework for personnel management. This new framework requires administrators to manage personnel foremost in compliance with the established constitutional principles without necessarily sacrificing efficiency. Public Personnel Administration and Constitutional Values is a sketch of this new framework in which constitutionalism and judicial accountability become defining characteristics. In the text the author provides, for the first time, a comprehensive review of case law principles in non-technical terms that are central to today's personnel management and decision-making: First Amendment freedoms, procedural due process, equal protection of the laws with respect to anti-discrimination, affirmative action, and compensation, and governmental and official liability. The author concludes that although excessive legalism may undoubtedly cause administrative timidity, a constitutionally competent administrator should be able to overcome this timidity; more important, a democratic administration grounded in constitutional values promises the best of all possible alternatives. This book is an invaluable addition to education and training for the students of public administration, as well as public administration practitioners at all levels in the United States. It also provides an important insight for the scholars of public administration in other parts of the world.

Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 420

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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.