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Modern Constitutional Theory

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Release : 1994
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Modern Constitutional Theory by : John H. Garvey

Download or read book Modern Constitutional Theory written by John H. Garvey. This book was released on 1994. Available in PDF, EPUB and Kindle. Book excerpt:

Words That Bind

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Release : 2018-02-12
Genre : Political Science
Kind : eBook
Book Rating : 585/5 ( reviews)

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Book Synopsis Words That Bind by : John Arthur

Download or read book Words That Bind written by John Arthur. This book was released on 2018-02-12. Available in PDF, EPUB and Kindle. Book excerpt: Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.

Modern Constitutional Theory

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Author :
Release : 1960
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Modern Constitutional Theory by : Thomas Alexander Aleinikoff

Download or read book Modern Constitutional Theory written by Thomas Alexander Aleinikoff. This book was released on 1960. Available in PDF, EPUB and Kindle. Book excerpt:

Popular Sovereignty in Early Modern Constitutional Thought

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Release : 2016-02-18
Genre : Law
Kind : eBook
Book Rating : 456/5 ( reviews)

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Book Synopsis Popular Sovereignty in Early Modern Constitutional Thought by : Daniel Lee

Download or read book Popular Sovereignty in Early Modern Constitutional Thought written by Daniel Lee. This book was released on 2016-02-18. Available in PDF, EPUB and Kindle. Book excerpt: Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Constitutional Construction

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Release : 2009-06-01
Genre : Law
Kind : eBook
Book Rating : 157/5 ( reviews)

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Book Synopsis Constitutional Construction by : Keith E. Whittington

Download or read book Constitutional Construction written by Keith E. Whittington. This book was released on 2009-06-01. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

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