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Author: David Dyzenhaus
Publisher: Cambridge University Press
Published: 2015-05-28
Total Pages: 349
ISBN-13: 1107093384
DOWNLOAD EBOOKThis book brings the three most important twentieth-century theorists of the rule of law into debate with each other.
Author: Stephen Gardbaum
Publisher: Cambridge University Press
Published: 2013-01-03
Total Pages: 275
ISBN-13: 1107009286
DOWNLOAD EBOOKStephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author: Nelson Wiley Evans
Publisher:
Published: 1912
Total Pages: 30
ISBN-13:
DOWNLOAD EBOOKAuthor: W. Elliot Bulmer
Publisher: Luath Press Ltd
Published: 2013-07-22
Total Pages: 157
ISBN-13: 1909912182
DOWNLOAD EBOOKA Model Constitution for Scotland sets out a workable model for Scotland's future and includes detailed constitutional proposals and informed discussion on the topic. The independence debate has to break out of political elites and address the 'after independence' question. Elliot Bulmer's book is an important contribution to this exploring how we make Scotland constitutionally literate, and how we shape our politics in a way which reflects who we are and what we aspire to be. Bulmer rightly argues that independence has to aspire to more than abolishing reserved powers, Holyrood becoming a mini-Westminster, and nothing else changing. A must read for independentistas, thoughtful unionists and democrats. Gerry Hassan, author and broadcaster. BACK COVER: Scotland is a free, sovereign and independent commonwealth. Its form of government is a parliamentary democracy based upon the sovereignty of the people, social justice, solidarity, and respect for human rights...The constitutional debate in Scotland has, until now, focused primarily on the relationship between Scotland and the rest of the United Kingdom. This treatise goes beyond the sterile arguments of nationalists and unionists to envision a new and more democratic political system constructed in an independent state. W. Elliot Bulmer A Model Constitution for Scotland sets out a workable model for Scotland's future and includes detailed constitutional proposals and informed discussion on the topic.
Author: Karl Heinz Marquardt
Publisher: Osprey Publishing
Published: 2017-12-19
Total Pages: 0
ISBN-13: 9781472832580
DOWNLOAD EBOOKThe Constitution was one of the US Navy's first six original frigates, ordered as a counter to the Barbary corsairs in the Mediterranean. Fast and heavily built, she was nominally rated as a 44 but mounted thirty 24-pdr and twenty-two 12-pdr cannon. Her most famous encounter, after which she became nicknamed 'Old Ironsides' due to British shot being seen bouncing off her hull, involved HMS Guerriere, which she smashed; the same treatment was meted out to HMS Java four months later. Now the oldest commissioned warship afloat in thw world, she is berthed in Boston Harbor. The 'Anatomy of the Ship' series aims to provide the finest documentation of individual ships and ship types ever published. What makes the series unique is a complete set of superbly executed line drawings, both the conventional type of plan as well as explanatory views, with fully descriptive keys. These are supported by technical details and a record of the ship's service history.
Author: Sotirios A. Barber
Publisher: Princeton University Press
Published: 2009-01-10
Total Pages: 183
ISBN-13: 1400825830
DOWNLOAD EBOOKWelfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself.
Author: Goodwin Liu
Publisher: Oxford University Press
Published: 2010-08-05
Total Pages: 274
ISBN-13: 0199752834
DOWNLOAD EBOOKChief 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.
Author: H. Th. J. F. van Maarseveen
Publisher: BRILL
Published: 1978-11-21
Total Pages: 358
ISBN-13: 9789028609181
DOWNLOAD EBOOKAuthor: G Van Der Tang
Publisher: Martinus Nijhoff Publishers
Published: 1978-11
Total Pages: 349
ISBN-13: 9004641157
DOWNLOAD EBOOKAuthor: David A. Strauss
Publisher: Oxford University Press
Published: 2010-05-19
Total Pages: 171
ISBN-13: 0199703698
DOWNLOAD EBOOKSupreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
