Book Description
"A New York Review Books collection"--Cover.
Author : Ronald Dworkin
Publisher : New York Review of Books
Page : 91 pages
File Size : 13,42 MB
Release : 2008
Category : Abortion
ISBN : 1590172930
"A New York Review Books collection"--Cover.
Author : Ronald Dworkin
Publisher : Vintage
Page : 72 pages
File Size : 32,78 MB
Release : 1990
Category : Law
ISBN :
Author : Emily M. Calhoun
Publisher : Oxford University Press
Page : 185 pages
File Size : 36,4 MB
Release : 2011-04-06
Category : Law
ISBN : 0195399749
Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.
Author : David A. J. Richards
Publisher : Cambridge University Press
Page : pages
File Size : 18,42 MB
Release : 2010-03-15
Category : Law
ISBN : 1139484133
Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.
Author : Utah. Supreme Court
Publisher :
Page : 732 pages
File Size : 48,4 MB
Release : 1922
Category : Law reports, digests, etc
ISBN :
Author : Utah. Supreme Court
Publisher :
Page : 736 pages
File Size : 20,66 MB
Release : 1922
Category : Law reports, digests, etc
ISBN :
Author : Utah. Supreme Court
Publisher :
Page : 736 pages
File Size : 37,70 MB
Release : 1922
Category : Law reports, digests, etc
ISBN :
Author :
Publisher :
Page : 696 pages
File Size : 13,34 MB
Release : 1923
Category :
ISBN :
Author : Barry Friedman
Publisher : Farrar, Straus and Giroux
Page : 623 pages
File Size : 46,33 MB
Release : 2009-09-29
Category : Law
ISBN : 1429989955
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
Author : Nicholas Bamforth
Publisher : OUP Oxford
Page : 427 pages
File Size : 12,98 MB
Release : 2013-11-14
Category : Law
ISBN : 0191648949
Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.