Constitutional Interpretation

Constitutional Interpretation PDF
Author: Craig R. Ducat
Publisher: Wadsworth Publishing Company
ISBN:
Size: 38.76 MB
Format: PDF, ePub
Category : Constitutional law
Languages : en
Pages : 1506
View: 4732

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Book Description: For the two- or three-course sequence in Constitutional Law or Civil Liberties, this casebook is known for balanced coverage of contemporary and historic constitutional issues. It includes edited cases, legislation, essays, notes and charts through the end of the Supreme Courts October 1994 Term. Includes introduction and commentary on the cases, integrates text with the cases and notes, and includes a chapter on property rights and economic liberties. Essays encourage critical thinking. This text is compatible with many ways of teaching about the Constitution.

Constitutional Interpretation

Constitutional Interpretation PDF
Author: Sotirios A. Barber
Publisher: OUP USA
ISBN: 0195328582
Size: 67.96 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 201
View: 1447

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Book Description: Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions examines the fundamental inquiries that arise in interpreting constitutional law. In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.

Constitutional Interpretation

Constitutional Interpretation PDF
Author: Jeffrey M. Shaman
Publisher: Greenwood Publishing Group
ISBN: 9780313314735
Size: 80.22 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 266
View: 7350

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Book Description: Analyzes the process of constitutional interpretation from the perspectives of history, political science, and jurisprudence.

Constitutional Interpretation

Constitutional Interpretation PDF
Author: Keith E. Whittington
Publisher:
ISBN:
Size: 55.14 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 299
View: 4145

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Book Description: Constitutional interpretation -- The dilemmas of contemporary constitutional theory -- The authority of originalism and the nature of the written Constitution -- A defense of originalism and the written Constitution -- Popular sovereignty and originalism -- The nature and limits of originalist jurisprudence.

American Constitutional Law

American Constitutional Law PDF
Author: Calvin R. Massey
Publisher: Aspen Publishers
ISBN: 154380148X
Size: 44.39 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 1422
View: 6666

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Book Description: American Constitutional Law: Powers and Liberties, Sixth Edition provides a broad survey of the field without overwhelming students. The basics of constitutional theory are presented without getting mired in highly theoretical discussions, and cases are tightly edited to focus on the most important aspects, with additional cases on select topics condensed into narrative summaries. The book focuses on cases and expository text rather than extensive academic commentary, and introductory text provides direction to students as they read and analyze the materials that follow. Additionally, challenging hypotheticals are provided throughout the text for use as student self-assessments or to launch stimulating class discussions.This highly teachable book can be used for a one- or two-semester course and is easily adaptable to suit each professor’s preferences. New to the Sixth Edition: Updated through the Supreme Court’s 2017–2018 Term Excerpts of major cases including: Murphy v. NCAA, Trump v. Hawaii, Whole Woman’s Health v. Hellerstedt, Fisher v. Texas, Matal v. Tam, Packingham v. North Carolina, National Institute of Family and Life Advocates v. Becerra, Trinity Lutheran Church v. Comer, and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission Summaries or omissions of older or outdated cases to reduce length New questions and problems for added cases to promote self-assessment Professors and students will benefit from: Easy adaptation to a one- or two-semester course “Just-right” editing of major cases, with less important cases summarized in notes or narrative summary Even-handed presentation of cases so adopters don’t have to “teach against” the text Narrative introductions that provide students with context and organizational structure Annual Supplement

The Challenge Of Originalism

The Challenge of Originalism PDF
Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 1139505130
Size: 12.26 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages :
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Book Description: Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

American Constitutional Interpretation

American Constitutional Interpretation PDF
Author: Walter F. Murphy
Publisher:
ISBN:
Size: 59.83 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 1749
View: 6457

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Book Description: This undergaduate text uses original essays, cases and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How do they go about their interpretive tasks?

The Max Planck Handbooks In European Public Law

The Max Planck Handbooks in European Public Law PDF
Author: Armin von Bogdandy
Publisher: Oxford University Press, USA
ISBN: 0198726414
Size: 75.25 MB
Format: PDF, Kindle
Category :
Languages : en
Pages : 944
View: 2051

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Book Description: The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

Constitutional Interpret 99 Supp

Constitutional Interpret 99 Supp PDF
Author: Ducat
Publisher: Thomson
ISBN: 9780534532741
Size: 26.54 MB
Format: PDF, Docs
Category :
Languages : en
Pages :
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Book Description:

The American Revolution

The American Revolution PDF
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775688
Size: 37.79 MB
Format: PDF, ePub
Category : History
Languages : en
Pages : 198
View: 5273

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Book Description: In this work, which won the 1924 Pulitzer Prize in history, McIlwain argues that the central problem in the genesis of the American Revolution was the determination of the exact nature of the British Empire's constitution. "After a searching examination of a wealth of judicial precedents drawn largely from Ireland's relations with the English king and parliament, the author reaches the conclusion that 'there was a bona fide constitutional issue which preceded the American Revolution, and from which it in part resulted.' He contends that, strictly from the legal standpoint, the colonists had a number of good constitutional precedents to support their position.": Allison, Fay, [et. al.] A Guide to Historical Literature cited in Marke, A Catalogue of the Law Collection at New York University (1953) 377.