The Invisible Constitution

The Invisible Constitution
Title The Invisible Constitution PDF eBook
Author Laurence H. Tribe
Publisher Oxford University Press
Pages 372
Release 2008-09-17
Genre Law
ISBN 019974095X

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As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

The Invisible Constitution of Politics

The Invisible Constitution of Politics
Title The Invisible Constitution of Politics PDF eBook
Author Antje Wiener
Publisher
Pages 280
Release 2008-08-14
Genre Law
ISBN

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This book focuses on the contested meanings of norms in a world of increasing international encounters.

The Invisible Constitution in Comparative Perspective

The Invisible Constitution in Comparative Perspective
Title The Invisible Constitution in Comparative Perspective PDF eBook
Author Rosalind Dixon
Publisher Cambridge University Press
Pages 595
Release 2018-11-08
Genre Law
ISBN 110827885X

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Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

The Invisible Government

The Invisible Government
Title The Invisible Government PDF eBook
Author Dan Smoot
Publisher Good Press
Pages 408
Release 2023-08-22
Genre Fiction
ISBN

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"The Invisible Government" by Dan Smoot. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Against Constitutionalism

Against Constitutionalism
Title Against Constitutionalism PDF eBook
Author Martin Loughlin
Publisher Harvard University Press
Pages 273
Release 2022-05-17
Genre LAW
ISBN 0674268024

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A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Uncertain Justice

Uncertain Justice
Title Uncertain Justice PDF eBook
Author Laurence Tribe
Publisher Macmillan
Pages 416
Release 2014-06-03
Genre Law
ISBN 0805099093

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An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

Contestation and Constitution of Norms in Global International Relations

Contestation and Constitution of Norms in Global International Relations
Title Contestation and Constitution of Norms in Global International Relations PDF eBook
Author Antje Wiener
Publisher Cambridge University Press
Pages 279
Release 2018-08-23
Genre Law
ISBN 1107169526

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Examines the involvement of local actors in conflicts over global norms at the intersection between international relations and international law.