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New Frontiers of State Constitutional Law

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Release : 2011-10-24
Genre : Law
Kind : eBook
Book Rating : 320/5 ( reviews)

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Book Synopsis New Frontiers of State Constitutional Law by : James A. Gardner

Download or read book New Frontiers of State Constitutional Law written by James A. Gardner. This book was released on 2011-10-24. Available in PDF, EPUB and Kindle. Book excerpt: Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.

New Frontiers of State Constitutional Law

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Release : 2017
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis New Frontiers of State Constitutional Law by : James A. Gardner

Download or read book New Frontiers of State Constitutional Law written by James A. Gardner. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays projects a new vision for state constitutional law, reflecting a shift in legal thinking about the relationship between national and subnational systems of constitutional law. In addition to chapters by the editors, James Gardner and Jim Rossi, the collection includes chapters by Neal Devins, Helen Hershkoff, Jacob Levy, Daniel Rodriguez, Lawrence Sager, and Robert Schapiro. Together the essays chart a new course that gives voice to a recent, rising chorus of dissent among scholars and judges - namely that national and subnational systems of constitutional law cannot be adequately understood in isolation from one another. To the contrary, they are linked in a web of jurisprudential, social, and pragmatic connections structured by the American system of federalism. Here, multiple layers of constitutional law function together in a complex, interdependent process in which constitutional norms are developed, articulated, and enforced. These essays illuminate the role that state constitutions must play in any theory of federalism, and exemplify a fresh approach to state constitutionalism by discussing a range of issues, including recent debates regarding state constitutional protections for same-sex marriage. The entire work embraces the struggle between state and national power for dominance in American law and places both on equal ground. It contends that constitutional meaning in a federal system is never static and that it evolves over time. In addition to covering methods of judicial review, it discusses the handling of constitutional claims by courts at the state and national level and closely examines the way that courts and constitutions protect individual rights and allocate governmental powers in a federal system.

The Law of American State Constitutions

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Release : 2009-10-22
Genre : Law
Kind : eBook
Book Rating : 305/5 ( reviews)

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Book Synopsis The Law of American State Constitutions by : Robert Williams

Download or read book The Law of American State Constitutions written by Robert Williams. This book was released on 2009-10-22. Available in PDF, EPUB and Kindle. Book excerpt: The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions. This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation.

State Constitutions for the Twenty-first Century, Volume 3

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Release : 2012-02-01
Genre : Political Science
Kind : eBook
Book Rating : 980/5 ( reviews)

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Book Synopsis State Constitutions for the Twenty-first Century, Volume 3 by : G. Alan Tarr

Download or read book State Constitutions for the Twenty-first Century, Volume 3 written by G. Alan Tarr. This book was released on 2012-02-01. Available in PDF, EPUB and Kindle. Book excerpt: This third and final volume in a series devoted to state constitutions analyzes how these documents address major constitutional issues such as the protection of rights; voting and elections; constitutional change; the legislature; the executive; the judiciary; taxing, spending, and borrowing; local government; education; and the environment. Contributors identify the strengths and weaknesses of current state constitutions, highlight the major issues confronting the states, and assess various approaches for reform.

Global Environmental Constitutionalism

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Author :
Release : 2015
Genre : Business & Economics
Kind : eBook
Book Rating : 258/5 ( reviews)

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Book Synopsis Global Environmental Constitutionalism by : James R. May

Download or read book Global Environmental Constitutionalism written by James R. May. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

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