The Constitutional Balance

The Constitutional Balance
Title The Constitutional Balance PDF eBook
Author John Laws
Publisher Bloomsbury Publishing
Pages 144
Release 2021-01-28
Genre Law
ISBN 1509935479

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In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.

Partisan Balance

Partisan Balance
Title Partisan Balance PDF eBook
Author David R. Mayhew
Publisher Princeton University Press
Pages 241
Release 2011-01-17
Genre Political Science
ISBN 140083841X

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How partisan balance between the U.S. presidency and Congress is essential to successful government With three independent branches, a legislature divided into two houses, and many diverse constituencies, it is remarkable that the federal government does not collapse in permanent deadlock. Yet, this system of government has functioned for well over two centuries, even through such heated partisan conflicts as the national health-care showdown and Supreme Court nominations. In Partisan Balance, noted political scholar David Mayhew examines the unique electoral foundations of the presidency, Senate, and House of Representatives in order to provide a fresh understanding for the government's success and longstanding vitality. Focusing on the period after World War II, and the fate of legislative proposals offered by presidents from Harry Truman to George W. Bush, Mayhew reveals that the presidency, Senate, and House rest on surprisingly similar electoral bases, with little difference in their partisan textures as indexed by the presidential popular vote cast in the various constituencies. Both congressional chambers have tilted a bit Republican, and while White House legislative initiatives have fared accordingly, Mayhew shows that presidents have done relatively well in getting their major proposals enacted. Over the long haul, the Senate has not proven much more of a stumbling block than the House. Arguing that the system has developed a self-correcting impulse that leads each branch to pull back when it deviates too much from other branches, Mayhew contends that majoritarianism largely characterizes the American system. The wishes of the majority tend to nudge institutions back toward the median voter, as in the instances of legislative districting, House procedural reforms, and term limits for presidents and legislators.

Constitutional Balance Amendment

Constitutional Balance Amendment
Title Constitutional Balance Amendment PDF eBook
Author John J. Rodenkirch
Publisher
Pages 156
Release 2010-01-01
Genre Constitutional amendments
ISBN 9780979835346

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Constitutional Balance Amendment

Constitutional Balance Amendment
Title Constitutional Balance Amendment PDF eBook
Author John Rodenkirch
Publisher
Pages
Release 2013
Genre Law
ISBN 9780979835377

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The Constitution, that Delicate Balance

The Constitution, that Delicate Balance
Title The Constitution, that Delicate Balance PDF eBook
Author Fred W. Friendly
Publisher Random House (NY)
Pages 362
Release 1984
Genre Law
ISBN

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"Landmark cases that shaped the Constitution."--Jacket subtitle. Includes the full text of the Constitution.

Long Wars and the Constitution

Long Wars and the Constitution
Title Long Wars and the Constitution PDF eBook
Author Stephen M. Griffin
Publisher Harvard University Press
Pages 375
Release 2013-06-01
Genre Political Science
ISBN 0674074459

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Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

How Rights Went Wrong

How Rights Went Wrong
Title How Rights Went Wrong PDF eBook
Author Jamal Greene
Publisher Houghton Mifflin
Pages 341
Release 2021
Genre Law
ISBN 1328518116

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An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.