Understanding The Constitution

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Corwin Peltason S Understanding The Constitution

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Author : Edward Samuel Corwin
language : en
Publisher:
Release Date : 1979

Corwin Peltason S Understanding The Constitution written by Edward Samuel Corwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.

Implementing The Constitution

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Author : Richard H. FALLON
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30

Implementing The Constitution written by Richard H. FALLON and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

Philosophical Foundations Of Constitutional Law

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Author : David Dyzenhaus
language : en
Publisher: Oxford University Press
Release Date : 2016

Philosophical Foundations Of Constitutional Law written by David Dyzenhaus and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.

Deciphering The Genome Of Constitutionalism

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Author : Ran Hirschl
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-21

Deciphering The Genome Of Constitutionalism written by Ran Hirschl and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-21 with Law categories.

Offers an extensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity.

Confucian Constitutionalism In East Asia

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Author : Bui Ngoc Son
language : en
Publisher: Routledge
Release Date : 2016-02-12

Confucian Constitutionalism In East Asia written by Bui Ngoc Son and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-12 with Law categories.

Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.

Constitutional Resilience In South Asia

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Author : Swati Jhaveri
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-01

Constitutional Resilience In South Asia written by Swati Jhaveri and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-01 with Law categories.

South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.

Lectures Introductory To The Study Of The Law Of The Constitution

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Author : Albert Venn Dicey
language : en
Publisher:
Release Date : 1885

Lectures Introductory To The Study Of The Law Of The Constitution written by Albert Venn Dicey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Constitutional law categories.

Constitutional Law And Criminal Justice

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Author : Cliff Roberson
language : en
Publisher: CRC Press
Release Date : 2015-10-02

Constitutional Law And Criminal Justice written by Cliff Roberson and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-02 with Law categories.

Illuminating concepts in plain language, eliminating unnecessary legal jargon, and clarifying nuances in the law, this new edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It also provides a much-needed update by including decisions by the Sup

Introduction To The Study Of The Law Of The Constitution

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Author : Albert Venn Dicey
language : en
Publisher:
Release Date : 1889

Introduction To The Study Of The Law Of The Constitution written by Albert Venn Dicey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1889 with Constitutional law categories.

Constitutional Triumphs Constitutional Disappointments

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Author : Rosalind Dixon
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19

Constitutional Triumphs Constitutional Disappointments written by Rosalind Dixon and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with History categories.

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.