Unstable Constitutionalism

Unstable Constitutionalism
Title Unstable Constitutionalism PDF eBook
Author Mark Tushnet
Publisher Cambridge University Press
Pages 415
Release 2015-09-17
Genre Law
ISBN 1107068959

Download Unstable Constitutionalism Book in PDF, Epub and Kindle

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Fault Lines in the Constitution: The Graphic Novel

Fault Lines in the Constitution: The Graphic Novel
Title Fault Lines in the Constitution: The Graphic Novel PDF eBook
Author Cynthia Levinson
Publisher First Second
Pages 288
Release 2020-09-22
Genre Comics & Graphic Novels
ISBN 1250806127

Download Fault Lines in the Constitution: The Graphic Novel Book in PDF, Epub and Kindle

The latest volume in our World Citizen Comics graphic novel series, Fault Lines in the Constitution teaches readers how this founding document continues to shape modern American society. In 1787, after 116 days of heated debates and bitter arguments, the United States Constitution was created. This imperfect document set forth America’s guiding principles, but it would also introduce some of today's most contentious political issues—from gerrymandering, to the Electoral College, to presidential impeachment. With colorful art, compelling discourse, and true stories from America's past and present, Fault Lines in the Constitution: The Graphic Novel sheds light on how today's political struggles have their origins in the decisions of our Founding Fathers. Children’s book author Cynthia Levinson, constitutional law scholar Sanford Levinson, and artist Ally Shwed deftly illustrate how contemporary problems arose from this founding document—and then they offer possible solutions.

Constitutionalism

Constitutionalism
Title Constitutionalism PDF eBook
Author Charles Howard McIlwain
Publisher The Lawbook Exchange, Ltd.
Pages 172
Release 2005
Genre Constitutional history
ISBN 1584775505

Download Constitutionalism Book in PDF, Epub and Kindle

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

The People Themselves

The People Themselves
Title The People Themselves PDF eBook
Author Larry Kramer
Publisher Oxford University Press, USA
Pages 380
Release 2004
Genre History
ISBN 9780195306453

Download The People Themselves Book in PDF, Epub and Kindle

This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Title Keeping Faith with the Constitution PDF eBook
Author Goodwin Liu
Publisher Oxford University Press
Pages 274
Release 2010-08-05
Genre Law
ISBN 0199752834

Download Keeping Faith with the Constitution Book in PDF, Epub and Kindle

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.

The New Commonwealth Model of Constitutionalism

The New Commonwealth Model of Constitutionalism
Title The New Commonwealth Model of Constitutionalism PDF eBook
Author Stephen Gardbaum
Publisher Cambridge University Press
Pages 275
Release 2013-01-03
Genre Law
ISBN 1107009286

Download The New Commonwealth Model of Constitutionalism Book in PDF, Epub and Kindle

Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Constitutional Erosion in Brazil

Constitutional Erosion in Brazil
Title Constitutional Erosion in Brazil PDF eBook
Author Emilio Peluso Neder Meyer
Publisher Bloomsbury Publishing
Pages 320
Release 2021-07-15
Genre Law
ISBN 1509942602

Download Constitutional Erosion in Brazil Book in PDF, Epub and Kindle

This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.