Constitutional category: 1750 books

A court must have jurisdiction before it can deny a case without opinion. Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.

Affirmative Defenses of Patent Invalidity and Judicial Immunity Are Not Claims for Purposes of Jurisdiction and Federal Subject Matter Jurisdiction May Not Rest on Affirmative Defenses But Must Instead Rest On Affirmative Claims of Federal Rights. Why do Federal Judges Invalidate Patents Without Deciding Patent Claims? With Absolute Judicial Immunity?

This insightful book discusses the impact of EU law on the creation and empowerment of autonomous public bodies (APBs) at Member State level and analyzes recent attempts of European states to rationalize delegation to APBs. It examines the tensions between these trends: under what conditions can APBs...

Ricardo de Alencar Igreja publica sua monografia de pós-graduação em Direito, abordando a questão dos limites que se impõem à restrição dos direitos fundamentais e a forma de sua compatibilização com demais direitos fundamentais. A relatividade dos direitos fundamentais, as leis restritivas...

Direito e Religião sempre estiveram muito próximos, e hoje em dia esta realidade não é diferente. Com o crescente avanço das ditas Bancadas Evangélicas os grandes temas da sociedade alcançaram outro patamar de discussão e debate. Cercada de dogmas e paradigmas, a religião e a religiosidade...

Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges...

The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the courts are often conscious of the need to pay some deference to the expertise and competence of other...

Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility...

Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy,...

An insightful and dramatic account of religious conflicts that keep America divided, from the acclaimed author of A People's History of the Supreme Court As the United States has become increasingly conservative, both politically and socially, in recent years, the fight between the religious...

Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .' He argues that, contrary to popular belief, the framers of the Constitution intended to prohibit...

Christmastime in America. The image evokes the warm glow of candle-lit windows, snow-laden trees, stockings and candy canes, twinkling lights, and soft angelic music. But if Christmas is truly "the most wonderful time of the year," then why does a manger scene at city hall stir up such tremendous...

Infinite Hope and Finite Disappointment details the hopes and promises of the 14th Amendment in the historical, legal and sociological context within which it was framed. Part of the Reconstruction Amendments collectively known as "The Second Founding," the 14th Amendment fundamentally altered...

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it – both...