Constitutional category: 1750 books

The third edition of this acclaimed book continues the story of the EU's constitutional journey. The EU's constitution, composed of myriad legal texts, case law and practice, is no less of a moving target than before and the pace of change has, if anything, increased since the publication of the second...

The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew...

This textbook provides a thorough and accessible introduction to the basic principles of United Kingdom Constitutional and Administrative Law, including Human Rights law. By taking the reader through the key constitutional structures – including the notion of the UK constitution as developing "organically"...

This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitt’s texts, including Dictatorship (1921), The Concept of the Political (1927),...

Judgement Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty...

Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture...

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the...

Vernon Bogdanor once told The Guardian that he made 'a living of something that doesn't exist'. He also quipped that the British Constitution can be summed up in eight words: 'Whatever the Queen in Parliament decides is law.' That may still be the case, yet in many ways the once elusive British Constitution...

An analysis of the discrepancy between the ways Supreme Court Justice Antonin Scalia argued the Constitution should be interpreted versus how he actually interpreted the law Antonin Scalia is considered one of the most controversial justices to have been on the United States Supreme Court....

Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from...

Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional...

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop...

Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation -- an account of the battle between President Thomas...