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Author: Anna-Bettina Kaiser
Publisher: Nomos Verlag
ISBN: 384528949X
Category : Law
Languages : en
Pages : 312
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Book Description
Der Oberste Gerichtshof der USA hat gerade während der Regierungszeit Barack Obamas das amerikanische Verfassungsrecht durch mehrere wegweisende Urteile neu geprägt. Der vorliegende Band vereint Beiträge renommierter Verfassungsrechtler aus den USA und Europa, die die Entwicklungen während der Obama-Regierung und ihre anhaltende Bedeutung rekonstruieren, analysieren und erklären.
Author: Anna-Bettina Kaiser
Publisher: Nomos Verlag
ISBN: 384528949X
Category : Law
Languages : en
Pages : 312
Get Book
Book Description
Der Oberste Gerichtshof der USA hat gerade während der Regierungszeit Barack Obamas das amerikanische Verfassungsrecht durch mehrere wegweisende Urteile neu geprägt. Der vorliegende Band vereint Beiträge renommierter Verfassungsrechtler aus den USA und Europa, die die Entwicklungen während der Obama-Regierung und ihre anhaltende Bedeutung rekonstruieren, analysieren und erklären.
Author: Ken Gormley
Publisher: NYU Press
ISBN: 1479839906
Category : History
Languages : en
Pages : 711
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Book Description
Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199750661
Category : Political Science
Languages : en
Pages : 272
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Book Description
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.
Author: Monika Florczak-Wątor
Publisher: Routledge
ISBN: 1000589994
Category : Law
Languages : en
Pages : 278
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Book Description
This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: Michael T. Oswald
Publisher: Springer Nature
ISBN: 3030247929
Category : Political Science
Languages : en
Pages : 338
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Book Description
This edited volume investigates America’s transforming democracy as it faces the challenges and developments of the 21st century—challenges and developments that have brought deep dissatisfaction, cultural fragmentation, and economic indignation. Although political power remains in the hands of the people, a fundamental incapability to compromise has locked policymakers in a permanent stalemate. In this legislative paralysis, grassroots movements build more and more momentum amidst regular protests and civil disobedience. This new political vigor and dynamism is dualistic, portending either a future of falsehoods and authoritarianism or a more empowering and direct form of democracy. This book ultimately seeks to understand how the US government is frantically adjusting to these sharp cultural, technological, and economic changes.
Author: Helmut Philipp Aust
Publisher: Cambridge University Press
ISBN: 1108837743
Category : Law
Languages : en
Pages : 417
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Book Description
A fresh look at the bridges and boundaries between foreign relations law and public international law.
Author: Rosalind Dixon
Publisher: Oxford University Press
ISBN: 0192689711
Category : Law
Languages : en
Pages : 321
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Book Description
Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions—through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system's responsiveness to democratic majority understandings. The idea of 'responsive' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a 'weakened' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a 'calibrated' approach to judicial scrutiny or judgments about proportionality, and an embrace of 'weak – strong' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
Author: Ran Hirschl
Publisher: Oxford University Press, USA
ISBN: 019092277X
Category : Law
Languages : en
Pages : 273
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Book Description
"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--
Author: David Thomas Konig
Publisher: Ohio University Press
ISBN: 0821419129
Category : History
Languages : en
Pages : 292
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Book Description
The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation's leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans "had no rights" under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. --
Author: Wilbur C. Rich
Publisher: Springer
ISBN: 3030015459
Category : Political Science
Languages : en
Pages : 263
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Book Description
When President Barack Hussein Obama left office January 20, 2017, he left a fascinating legacy. The Obama Presidency will remain an intriguing part of our nation’s political history, and we can now say that there were unexpected achievements and failures. His tenure was both historical and complex, and will inevitably be compared with his predecessors and successors. The chapters in this volume are a serious assessment of President Obama’s tenure written by a diverse team that includes political scientists, sociologists, historians, and economists. They provide critical insights into the man and his policies and, more importantly, are written in a manner that makes them available to laypersons, journalists, students, and scholars.
