Constitutional category: 1750 books
A More Perfect Military
How the Constitution Can Make Our Military Stronger
Language: English
Release Date: November 17, 2010
Surveys show that the all-volunteer military is our most respected and trusted institution, but over the last thirty-five years it has grown estranged from civilian society. Without a draft, imperfect as it was, the military is no longer as representative of civilian society. Fewer people accept the...
Presidential Legislation in India
The Law and Practice of Ordinances
Language: English
Release Date: December 16, 2013
India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India, centred around three themes. First, it tells the story of how an artefact of British...
by Mary Sarah Bilder
Language: English
Release Date: October 19, 2015
Language: English
Release Date: October 19, 2015
No document depicts the Constitutional Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with the force of Madison’s Notes. But how reliable is this account? Drawing on digital technologies and textual analysis, Mary Sarah Bilder reveals that Madison revised to a far greater extent than previously recognized.
No State Shall Abridge
The Fourteenth Amendment and the Bill of Rights
Language: English
Release Date: July 22, 2013
“The book is carefully organized and well written, and it deals with a question that is still of great importance—what is the relationship of the Bill of Rights to the states.”—Journal of American History
“Curtis effectively settles a serious legal debate: whether the framers of the...
Constitution Making Under Occupation
The Politics of Imposed Revolution in Iraq
Language: English
Release Date: March 13, 2009
The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned...
by Rainer Grote, Tilmann J. Röder
Language: English
Release Date: July 25, 2016
Language: English
Release Date: July 25, 2016
Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab...
The New Commonwealth Model of Constitutionalism
Theory and Practice
Language: English
Release Date: January 3, 2013
Stephen Gardbaum argues that recent bills of rights in Canada, New Zealand, the United Kingdom and Australia are an experiment in a new third way of organizing basic institutional arrangements in a democracy. This 'new Commonwealth model of constitutionalism' promises both an alternative to the conventional...
Proportionality
New Frontiers, New Challenges
Language: English
Release Date: September 21, 2017
With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the...
The European Fundamental Freedoms
A Contextual Approach
Language: English
Release Date: April 23, 2015
Contextual approaches take into account not only the internal legal perspective reflected in the official discourse supporting legal decisions, but also an external dimension related to the institutional environment in which the law is applied. This external dimension - which can be understood by...
Law and Revolution in South Africa
uBuntu, Dignity, and the Struggle for Constitutional Transformation
Language: English
Release Date: April 3, 2014
The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue.
South Africa, after a...
Revolutionary Constitutions
Charismatic Leadership and the Rule of Law
Language: English
Release Date: May 13, 2019
Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
Reconsidering the Insular Cases
The Past and Future of the American Empire
Language: English
Release Date: May 25, 2015
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Homeland Security, its Law and its State
A Design of Power for the 21st Century
Language: English
Release Date: March 26, 2014
This book assesses the impact of post-9/11 domestic counterterrorism policy on US political life. It examines political discourse, law, institutional architecture, and state-population relations, and shows that ‘homeland security’ is a project with wide-ranging implications for democratic institutions...
Too Young to Run?
A Proposal for an Age Amendment to the U.S. Constitution
Language: English
Release Date: June 2, 2011
Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification...