Constitutional

When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably-though not always predictably-determined by politics as much as by law,...

The question whether and how boundaries might individuate and thereby be constitutive features of any imaginable legal order has yet to be addressed in a systematic and comprehensive manner by legal and political theory. This book seeks to address this...

In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental...

Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment...

This edited volume focuses on a sustained analysis of the nature of forced displacement with an emphasis on the attendant human tragedies that come with the forced displacement of people. Itexplores the connections in refugee, migrant, and IDPs themes...

"The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled" is a watershed development in the fields of intellectual property and human rights. As the first international legal...

The book critically examines the practice of Right to Information Act and employee's grievance redressal system in India. This book initiates the debate on whether the Act leads to an actual redressal of grievances or is it merely an attempt to gather...

First published in 1967, ""Freedom and the Court"" has become a standard text on civil liberties law. Now updated to cover Supreme Court decisions through 2003, this eighth edition addresses essential questions of how to reconcile civil liberties with...

The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state...

The Vermont State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Vermont's constitutional history, it provides an in-depth, section-by-section analysis of the...

The New Mexico State Constitution provides an outstanding constitutional and historical account of the state's governing charter. It begins with an overview of New Mexico's constitutional history, and then provides an in-depth, section-by-section...

In Equality and Liberty in the Golden Age of State Constitutional Law, Jeffrey Shaman closely examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of New Judicial...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9781455617234Author Keith MedleyFormat PaperbackPage Count 256Imprint Pelican Publishing CoPublisher Pelican Publishing Co

The role of the business corporation in modern society is a controversial one. Some fear and object to corporate power and influence over governments and culture. Others embrace the corporation as a counterweight to the State and as a vehicle to advance...

David Faigman's Constitutional Fictions is the first book-length examination of the role of fact-finding in constitutional cases. Because the role of facts is central to the day-to-day realities of constitutional law, Faigman provides an extraordinarily...

What institutional arrangements should a well-functioning constitutional democracy have? Most of the relevant literatures in law, political science, political theory, and economics address this question by discussing institutional design writ large...

Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, multilateral and bilateral agreements, a supranational infrastructure...

Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about...

The Hawaii State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Hawaii's constitutional history, it provides an in-depth, section-by-section analysis of the...

Anandamayi Ma (1896-1982) is generally regarded as the most important Hindu woman saint of the twentieth century. Venerated alternately as a guru and as an incarnation of God on earth, Ma had hundreds of thousands of devotees. Through the creation of a...

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through...

What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based...

The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for saying that 'shouting fire in a crowded theater' is not...

This study combines an interpretive history of culture and law, political philosophy and constitutional analysis to explain the background, development and growing impact of two challenging human rights movements: feminism and gay rights. The text argues...

The United States Constitution was designed to secure the rights of individuals and minorities from the tyranny of the majority--or was it? Jennifer Nedelsky's provocative study places this claim in an utterly new light, tracing its origins to the...

In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated a state law limiting work hours and became the leading...

Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those...

What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences...

Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty...

Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the...

That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's...

This collection explores some of the many ways in which constitutional orders engage with, and are shaped by, their exteriors. Constitutional and legal theory often marginalize 'foreign' elements, such as norms originating in other legal systems, the...

While the United States continues to recover from the 2008 Great Recession, the country still faces unprecedented inequality as increasing numbers of poor families struggle to get by with little assistance from the government. Holes in the Safety Net:...

The Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first...

The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following...

This book is an interdisciplinary guide to the religion clauses of the First Amendment with a focus on its philosophical foundations, historical developments, and legal and political implications. The volume begins with fundamental questions about God,...

In every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of 'machine speech' enhanced by the...

Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by...

This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Ultima Instancia over their constitutional jurisprudence, with the former repeatedly invalidating...

What is the relationship between the strength of a country's democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as 'dominant-party' (for example...