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Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
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Book Description
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
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Book Description
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.
Author: Trevor R. S. Allan
Publisher:
ISBN: 9780198187608
Category : Constitutional law
Languages : en
Pages : 331
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Book Description
"The book explains the essential connections between a range of matters critical to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The limits of parliamentary sovereignty are shown to derive from its status as a common law doctrine, when the common law is interpreted as a deliberative process of moral argument and justification. Legislative supremacy is qualified by a counter-balancing judicial sovereignty, ensuring the protection of fundamental common law rights of procedural fairness and equality."--BOOK JACKET.
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Professor of Business and Professor of Law (by Courtesy) John Hasnas
Publisher:
ISBN: 9780197784600
Category : Law
Languages : en
Pages : 0
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Book Description
In conventional political philosophy, law is understood as consciously created rules that are a necessary mechanism for curtailing the excesses of the free market. John Hasnas challenges this view, offering a new theory that presents common law as an effective alternative to traditional politically created legislation. Common Law Liberalism demonstrates that the common law can provide all rules necessary to sustain a peaceful, prosperous, liberal society--without intervention by politically created legislation and the exploitation and oppression it so often engenders.
Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1108418546
Category : Business & Economics
Languages : en
Pages : 343
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Book Description
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Author: William L. Twining
Publisher: Wiley-Blackwell
ISBN: 9780631144779
Category : Law
Languages : en
Pages : 267
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Book Description
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Richard A. Epstein
Publisher: Harvard University Press
ISBN: 0674727800
Category : Law
Languages : en
Pages : 889
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Book Description
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
ISBN: 9780199267880
Category : Law
Languages : en
Pages : 348
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Book Description
Scope of Judicial Review
Author: Frederick Pollock
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166
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Book Description
