The Double-Facing Constitution PDF Download

Author: Jacco Bomhoff
Publisher: Cambridge University Press
ISBN: 1108485480
Category : Law
Languages : en
Pages : 443

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Book Description
Explores how constitutional orders engage with and are shaped by their exteriors.

Author: Jack N. Rakove
Publisher: Vintage
ISBN: 0307434516
Category : Political Science
Languages : en
Pages : 464

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Book Description
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.

Author: Alexander Somek
Publisher:
ISBN: 0199651531
Category : Law
Languages : en
Pages : 305

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Book Description
Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Author: Charles R. Kesler
Publisher: Encounter Books
ISBN: 1641771038
Category : Philosophy
Languages : en
Pages : 372

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Book Description
American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.

Author: Helmut Philipp Aust
Publisher: Cambridge University Press
ISBN: 1108837743
Category : Law
Languages : en
Pages : 417

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Book Description
A fresh look at the bridges and boundaries between foreign relations law and public international law.

Author: Jean Fritz
Publisher: Nám
ISBN: 9789991801353
Category :
Languages : en
Pages : 4

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Book Description

Author: Owsei Temkin
Publisher: JHU Press
ISBN: 9780801885471
Category : History
Languages : en
Pages : 578

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Book Description
Preeminent historian of medicine Owsei Temkin brought to his writing an awesome range of scholarship, for he was at home in the classical, the medieval, and the modern eras. The essays gathered in this volume deal with all the topics that Temkin considered most important in his work. They were widely commended for their originality, intelligent analysis, and impressive continuity of thought. Temkin explores the history of basic medical sciences, of health and disease, and of surgery and drug therapy, as well as general questions concerning the historical and philosophical approach to medicine from antiquity to the early twentieth century. In a retrospective introduction which gives the book its name, Temkin relates his writings to his career as a scholar in Germany and the United States. He situates the writings against the background of the development of the study of medical history and provides recollections of such prominent figures as Karl Sudhoff, Henry E. Sigerist, William H. Welch, and Richard H. Shryock.

Author: Michael S. Greve
Publisher: Harvard University Press
ISBN: 9780674061910
Category : Political Science
Languages : en
Pages : 0

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Book Description
Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century judicial elaboration of a competitive federal order, to the New Deal transformation, to the contemporary Supreme Court’s impoverished understanding of constitutional structure, and the “devolution” in vogue today, Greve describes a trend that will lead to more government and fiscal profligacy, not less. Taking aim at both the progressive heirs of the New Deal and the vocal originalists of our own time, The Upside-Down Constitution explains why the current fiscal crisis will soon compel a fundamental renegotiation of a new federalism grounded in constitutional principles.

Author: Tim Bale
Publisher: Cambridge University Press
ISBN: 1009007114
Category : Political Science
Languages : en
Pages : 371

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Book Description
In spite of the fact that Conservative, Christian democratic and Liberal parties continue to play a crucial role in the democratic politics and governance of every Western European country, they are rarely paid the attention they deserve. This cutting-edge comparative collection, combining qualitative case studies with large-N quantitative analysis, reveals a mainstream right squeezed by the need to adapt to both 'the silent revolution' that has seen the spread of postmaterialist, liberal and cosmopolitan values and the backlash against those values – the 'silent counter-revolution' that has brought with it the rise of a myriad far right parties offering populist and nativist answers to many of the continent's thorniest political problems. What explains why some mainstream right parties seem to be coping with that challenge better than others? And does the temptation to ride the populist wave rather than resist it ultimately pose a danger to liberal democracy?

Author: Maja Sahadžić
Publisher: Taylor & Francis
ISBN: 1000909492
Category : Law
Languages : en
Pages : 262

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Book Description
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.