Unstable Constitutionalism
Title | Unstable Constitutionalism PDF eBook |
Author | Mark Tushnet |
Publisher | Cambridge University Press |
Pages | 415 |
Release | 2015-09-17 |
Genre | Law |
ISBN | 1107068959 |
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
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 |
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
Title | Constitutionalism PDF eBook |
Author | Charles Howard McIlwain |
Publisher | The Lawbook Exchange, Ltd. |
Pages | 172 |
Release | 2005 |
Genre | Constitutional history |
ISBN | 1584775505 |
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
Title | The People Themselves PDF eBook |
Author | Larry Kramer |
Publisher | Oxford University Press, USA |
Pages | 380 |
Release | 2004 |
Genre | History |
ISBN | 9780195306453 |
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
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 |
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
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 |
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
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 |
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.