An Introduction to Constitutional Law

An Introduction to Constitutional Law
Author :
Publisher : Aspen Publishing
Total Pages : 473
Release :
ISBN-10 : 9798886140736
ISBN-13 :
Rating : 4/5 (36 Downloads)

Synopsis An Introduction to Constitutional Law by : Randy E. Barnett

An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

Constitutional Courts as Positive Legislators

Constitutional Courts as Positive Legislators
Author :
Publisher : Cambridge University Press
Total Pages : 0
Release :
ISBN-10 : 1107613086
ISBN-13 : 9781107613089
Rating : 4/5 (86 Downloads)

Synopsis Constitutional Courts as Positive Legislators by : Allan R. Brewer-Carías

In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution in order to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense they were traditionally considered "negative legislators," unable to substitute the legislators or to enact legislative provisions that could not be deducted from the Constitution. During the past decade the role of constitutional courts has dramatically changed as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution in order to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, Constitutional Courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduct from the Constitution when controlling the absence of legislation or legislative omissions. In some cases they act as "positive legislators," issuing temporary or provisional rules to be applied pending the enactment of legislation. This book analyzes this new role of the constitutional courts, conditioned by the principles of progressiveness and of prevalence of human rights, particularly regarding the important rediscovery of the right to equality and non-discrimination.

Judicial Power

Judicial Power
Author :
Publisher : Cambridge University Press
Total Pages : 411
Release :
ISBN-10 : 9781316999080
ISBN-13 : 1316999084
Rating : 4/5 (80 Downloads)

Synopsis Judicial Power by : Christine Landfried

The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Constitutional Courts as Mediators

Constitutional Courts as Mediators
Author :
Publisher : Cambridge University Press
Total Pages : 255
Release :
ISBN-10 : 9781107079786
ISBN-13 : 1107079780
Rating : 4/5 (86 Downloads)

Synopsis Constitutional Courts as Mediators by : Julio Ríos-Figueroa

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Constitutional Courts in Comparison

Constitutional Courts in Comparison
Author :
Publisher :
Total Pages : 304
Release :
ISBN-10 : 1785332732
ISBN-13 : 9781785332739
Rating : 4/5 (32 Downloads)

Synopsis Constitutional Courts in Comparison by : Ralf Rogowski

The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

Constitutional Courts and Democratic Values

Constitutional Courts and Democratic Values
Author :
Publisher : Yale University Press
Total Pages : 254
Release :
ISBN-10 : 9780300148688
ISBN-13 : 0300148682
Rating : 4/5 (88 Downloads)

Synopsis Constitutional Courts and Democratic Values by : Víctor Ferreres Comella

Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.

Constitutional Courts in Asia

Constitutional Courts in Asia
Author :
Publisher : Cambridge University Press
Total Pages : 407
Release :
ISBN-10 : 9781107195080
ISBN-13 : 110719508X
Rating : 4/5 (80 Downloads)

Synopsis Constitutional Courts in Asia by : Hongyi Chen

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Fragile Democracies

Fragile Democracies
Author :
Publisher : Cambridge University Press
Total Pages : 311
Release :
ISBN-10 : 9781107038707
ISBN-13 : 1107038707
Rating : 4/5 (07 Downloads)

Synopsis Fragile Democracies by : Samuel Issacharoff

This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Law and Politics of Constitutional Courts

Law and Politics of Constitutional Courts
Author :
Publisher : Routledge
Total Pages : 359
Release :
ISBN-10 : 9781351584913
ISBN-13 : 135158491X
Rating : 4/5 (13 Downloads)

Synopsis Law and Politics of Constitutional Courts by : Stefanus Hendrianto

This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts. It explores the importance of this leadership as a factor explaining the dynamic of judicial power. Drawing on an Aristotelean model of heroism and the established idea of judicial heroes to explore the types of leadership that judges can exercise, it illustrates how Indonesia’s recent experience offers a stark contrast between the different models. First, a prudential-minimalist heroic chief justice who knows how to enhance the Court’s authority while fortifying the Court’s status by playing a minimalist role in policy areas. Second, a bold and aggressive heroic chief justice, employing an ambitious constitutional interpretation. The third model is a soldier-type chief justice, who portrays himself as a subordinate of the Executive and Legislature. Contrary perhaps to expectations, the book’s findings show a more cautious initial approach to be the most effective. The experience of Indonesia clearly illustrates the importance of heroic judicial leadership and how the approach chosen by a court can have serious consequences for its success. This book will be a valuable resource for those interested in the law and politics of Indonesia, comparative constitutional law, and comparative judicial politics.

The Federalist Papers

The Federalist Papers
Author :
Publisher : Read Books Ltd
Total Pages : 420
Release :
ISBN-10 : 9781528785877
ISBN-13 : 1528785878
Rating : 4/5 (77 Downloads)

Synopsis The Federalist Papers by : Alexander Hamilton

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.