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Interdisciplinary Approaches to Constitutional Reasoning

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Release : 2015
Genre : Constitutional law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Interdisciplinary Approaches to Constitutional Reasoning by : Wen-Yu Chia

Download or read book Interdisciplinary Approaches to Constitutional Reasoning written by Wen-Yu Chia. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt:

Critiquing Free Speech

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Release : 2001-04-01
Genre : Language Arts & Disciplines
Kind : eBook
Book Rating : 066/5 ( reviews)

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Book Synopsis Critiquing Free Speech by : Matthew D. Bunker

Download or read book Critiquing Free Speech written by Matthew D. Bunker. This book was released on 2001-04-01. Available in PDF, EPUB and Kindle. Book excerpt: In this exceptional volume, Matthew D. Bunker explores the work of contemporary free speech critics and argues that, while at times these critics provide important lessons, many of their conclusions must be rejected. Moreover, Bunker suggests that we be wary of interdisciplinary approaches to free speech theory that--by their very assumptions and techniques--are a poor "fit" with existing free speech theory and doctrine. In his investigation of diverse critiques of free speech theory and his sophisticated rebuttal, he provides an innovative and important examination of First Amendment theory. In doing so, he establishes a new agenda for First Amendment theory scholarship that incorporates some of the critics' insights without abandoning the best aspects of the free speech tradition. COPY FOR MAILER: Distinctive features in this volume include: * an overview of the traditional approaches to First Amendment theory, * an examination of work from key First Amendment scholars and theorists, at both the individual and group level, * an emphasis on interdisciplinarity ranging from femi- nist and critical legal scholars to economists and literary theorists, and * a new agenda for First Amendment theory scholar- ship which incorporates critical comment while pre- serving the best aspects of the free speech tradition.

Judicial Activism

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Release : 2015-05-26
Genre : Law
Kind : eBook
Book Rating : 497/5 ( reviews)

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Book Synopsis Judicial Activism by : Luís Pereira Coutinho

Download or read book Judicial Activism written by Luís Pereira Coutinho. This book was released on 2015-05-26. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Constitutional Law and Precedent

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Release : 2022-03-30
Genre : Law
Kind : eBook
Book Rating : 994/5 ( reviews)

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Book Synopsis Constitutional Law and Precedent by : Monika Florczak-Wątor

Download or read book Constitutional Law and Precedent written by Monika Florczak-Wątor. This book was released on 2022-03-30. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Constitutional Interpretation

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Release : 2007-06-07
Genre : Law
Kind : eBook
Book Rating : 582/5 ( reviews)

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Book Synopsis Constitutional Interpretation by : Sotirios A. Barber

Download or read book Constitutional Interpretation written by Sotirios A. Barber. This book was released on 2007-06-07. Available in PDF, EPUB and Kindle. Book excerpt: The presuppositions of constitutional interpretation -- The principal questions of constitutional interpretation -- The principal features of the American constitutional order : the positive constitutionalism of The federalist -- Approaches to constitutional interpretation -- Textualism and consensualism -- Narrow originalism/intentionalism -- Broad originalism -- Structuralism -- Doctrinalism and minimalism -- The philosophic approach -- Pragmatism -- Epilogue: a fusion of approaches to constitutional interpretation.

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