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Author : Michael J. Gerhardt
Publisher : Michie
ISBN 13 :
Total Pages : 444 pages
Book Rating : 4.10/5 ( download)
Download or read book Constitutional Theory written by Michael J. Gerhardt and published by Michie. This book was released on 1993 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J. Harvie Wilkinson III
Publisher : Oxford University Press
ISBN 13 : 0199930074
Total Pages : 176 pages
Book Rating : 4.74/5 ( download)
Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson III and published by Oxford University Press. This book was released on 2012-03-09 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.
Author : John H. Garvey
Publisher : West Publishing Company
ISBN 13 :
Total Pages : 864 pages
Book Rating : 4.63/5 ( download)
Download or read book Modern Constitutional Theory written by John H. Garvey and published by West Publishing Company. This book was released on 1999 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Donald L. Drakeman
Publisher : Cambridge University Press
ISBN 13 : 1108618030
Total Pages : 247 pages
Book Rating : 4.38/5 ( download)
Download or read book The Hollow Core of Constitutional Theory written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2021-04-08 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.
Author : John William Burgess
Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.77/5 ( download)
Download or read book Recent Changes in American Constitutional Theory written by John William Burgess and published by . This book was released on 1923 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the changes in American constitutional theory from the Spanish-American War to the 1920s. It argues that contemporary developments in constitutional theory and law could be troubling for the country and offers suggestions on how America can correct its course.
Author : Dimitrios Kyritsis
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933867
Total Pages : 464 pages
Book Rating : 4.60/5 ( download)
Download or read book The Methodology of Constitutional Theory written by Dimitrios Kyritsis and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Author : Carl Schmitt
Publisher : Duke University Press
ISBN 13 : 0822340119
Total Pages : 489 pages
Book Rating : 4.19/5 ( download)
Download or read book Constitutional Theory written by Carl Schmitt and published by Duke University Press. This book was released on 2008-01-23 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes Schmitt's provocative work on comparative constitutionalism available in English for the first time since it was published in 1928 in Germany.
Author : Stephen M. Griffin
Publisher : Princeton University Press
ISBN 13 : 0691002401
Total Pages : 231 pages
Book Rating : 4.08/5 ( download)
Download or read book American Constitutionalism written by Stephen M. Griffin and published by Princeton University Press. This book was released on 1996 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tulane scholar Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.
Author :
Publisher : DIANE Publishing
ISBN 13 : 1437984878
Total Pages : 15 pages
Book Rating : 4.73/5 ( download)
Download or read book Selected Theories of Constitutional Interpretation written by and published by DIANE Publishing. This book was released on with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Adrian Vermeule
Publisher : Oxford University Press
ISBN 13 : 0190208007
Total Pages : 232 pages
Book Rating : 4.04/5 ( download)
Download or read book The System of the Constitution written by Adrian Vermeule and published by Oxford University Press. This book was released on 2011-12-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the structural constitution and constitutional judging, and reveals that standard views and claims about constitutional theory commit fallacies of aggregation and are thus invalid. By contrast, Vermeule explains and illustrates an approach to constitutionalism that considers the systemic interactions of legal and political institutions and of the individuals who act within them.
