The Constitution in Private Relations

The Constitution in Private Relations

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2005

Total Pages: 331

ISBN-13: 9077596135

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The contributors of this volume address various issues pertaining to 'Third Party Effect'. It provides an in-depth analysis of jurisprudence, placing problems in a comparative legal and theoretical perspective. According to a classical tenet of constitutionalism the constitution and constitutional law deal with state actors. In the 20th century the concept of 'third party effect' emerged, which has seen constitutional rights and principles apply in private relations as well. This raises various questions, such as what are the jurisprudential and political reasons of this change? Is this concept brought about by the welfare state? What are its practical consequences? Is individual liberty enhanced when the state claims to promote a right? How do such understandings influence the role of constitutional and supreme courts? Are there equivalent doctrines to the third party effect? How does the trend influence government spending and redistribution? How does the US 'state action' doctrine compare with the third party/horizontal effect doctrine familiar in other domestic and international jurisdictions?


The Right to Privacy

The Right to Privacy

Author: Samuel D. Brandeis, Louis D. Warren

Publisher: BoD – Books on Demand

Published: 2018-04-05

Total Pages: 42

ISBN-13: 3732645487

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Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis


Courts, Politics and Constitutional Law

Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.


Keeping Faith with the Constitution

Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.


The Constitution of Liberty

The Constitution of Liberty

Author: F.A. Hayek

Publisher: Routledge

Published: 2014-08-13

Total Pages: 513

ISBN-13: 131785781X

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Working after the war, Hayek's writing was very much against the tide of mainstream Keynesian economic thought. But in the 1970s and 1980s - the eras of Thatcherism and Reaganomics - he was championed as a prophet of neo-liberalism by those who were seeking to revolutionize the post-war social consensus. The Constitution of Liberty is crucial reading for all those seeking to understand ideas that have become the orthodoxy in the age of the globalized economy.


Governance by Numbers

Governance by Numbers

Author: Alain Supiot

Publisher: Bloomsbury Publishing

Published: 2017-11-30

Total Pages: 323

ISBN-13: 1509907742

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In search of a machine of government -- The fortunes of an ideal: ruling by law -- Other perspectives on law -- The dream of social harmony by numbers -- The development of normative uses of quantification -- The law geared to numbers : from the gosplan to the total market -- Calculating the incalculable : the law and economics doctrine -- The encroachment of governance on law -- The limits of governance by numbers -- The withering-away of the state -- The return of "rule by men"--"Genuinely human work in humane conditions"--"Genuinely human work in humane conditions" -- The structure of ties of allegiance


The Constitution of Freedom

The Constitution of Freedom

Author: András Sajó

Publisher: Oxford University Press

Published: 2017

Total Pages: 500

ISBN-13: 0198732171

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Informed by a life lived under the oppressions of communism, ECtHR Judge András Sajó examines the fundamentals of constitutional systems of government, protection from tyranny, and promotion of freedom in this timely and important book.


An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution

Author: A.V. Dicey

Publisher: Springer

Published: 1985-09-30

Total Pages: 729

ISBN-13: 134917968X

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A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.


Constitutional Sentiments

Constitutional Sentiments

Author: András Sajó

Publisher: Yale University Press

Published: 2011-01-01

Total Pages: 425

ISBN-13: 0300168616

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Constitutional Sentiments provides new insights into the foundations of law, the complexities of legal institutions, and the hidden genealogies of lawmaking. As the book makes clear, constitutions are human creations that embody all aspects of our humanity. It is an example of serious scholarship that will attract readers of all disciplines who have a keen interest in social and political life. --Book Jacket.