Magna Carta

Magna Carta
Title Magna Carta PDF eBook
Author Randy James Holland
Publisher
Pages 0
Release 2014
Genre Constitutional history
ISBN 9780314676719

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An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.

The Arc of Due Process in American Constitutional Law

The Arc of Due Process in American Constitutional Law
Title The Arc of Due Process in American Constitutional Law PDF eBook
Author E. Thomas Sullivan
Publisher Oxford University Press
Pages 264
Release 2013-07-04
Genre Law
ISBN 0199990808

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In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Title General Principles of Law and International Due Process PDF eBook
Author Charles T. Kotuby, Jr.
Publisher Oxford University Press
Pages 305
Release 2017-02-15
Genre Law
ISBN 0190642726

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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Core Concepts in Criminal Law and Criminal Justice

Core Concepts in Criminal Law and Criminal Justice
Title Core Concepts in Criminal Law and Criminal Justice PDF eBook
Author Kai Ambos
Publisher Cambridge University Press
Pages 507
Release 2020-01-16
Genre Law
ISBN 1108483399

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A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Constructing Basic Liberties

Constructing Basic Liberties
Title Constructing Basic Liberties PDF eBook
Author James E. Fleming
Publisher University of Chicago Press
Pages 285
Release 2022-08-30
Genre Law
ISBN 0226821412

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A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

The Federalist Papers

The Federalist Papers
Title The Federalist Papers PDF eBook
Author Alexander Hamilton
Publisher Read Books Ltd
Pages 420
Release 2018-08-20
Genre History
ISBN 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Due Process of Lawmaking

Due Process of Lawmaking
Title Due Process of Lawmaking PDF eBook
Author Susan Rose-Ackerman
Publisher Cambridge University Press
Pages 309
Release 2015-01-22
Genre Law
ISBN 1316194744

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With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.