The Constitution, Administration and Laws of the Empire
Author: Arthur Berriedale Keith
Publisher:
Published: 1924
Total Pages: 390
ISBN-13:
DOWNLOAD EBOOKRead and Download eBook Full
Author: Arthur Berriedale Keith
Publisher:
Published: 1924
Total Pages: 390
ISBN-13:
DOWNLOAD EBOOKAuthor: A. B. Keith
Publisher:
Published: 1924-06-01
Total Pages:
ISBN-13: 9780404543037
DOWNLOAD EBOOKAuthor: Gary Lawson
Publisher: Yale University Press
Published: 2008-10-01
Total Pages: 284
ISBN-13: 0300128967
DOWNLOAD EBOOKThe Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.
Author: Adrian Vermeule
Publisher: Harvard University Press
Published: 2016-11-14
Total Pages: 267
ISBN-13: 0674974719
DOWNLOAD EBOOKRonald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: Albert Venn Dicey
Publisher:
Published: 1915
Total Pages: 698
ISBN-13:
DOWNLOAD EBOOKAuthor: A. V. Dicey
Publisher: OUP Oxford
Published: 2013-10-17
Total Pages: 571
ISBN-13: 0191508977
DOWNLOAD EBOOKThis book provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. Topics discussed include English, French, American, and Prussian constitutionalism; the separation of powers; representative government; and federalism. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited.
Author: Japan
Publisher:
Published: 1889
Total Pages: 56
ISBN-13:
DOWNLOAD EBOOKAuthor: Adrian Vermeule
Publisher: Harvard University Press
Published: 2016-11-14
Total Pages: 267
ISBN-13: 0674971442
DOWNLOAD EBOOKAdrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Author: John Adams
Publisher:
Published: 1776
Total Pages: 46
ISBN-13:
DOWNLOAD EBOOKAuthor: Cass R. Sunstein
Publisher: Harvard University Press
Published: 2020-09-15
Total Pages: 209
ISBN-13: 0674247531
DOWNLOAD EBOOKFrom two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.