Constitution Books

Book SynopsisReturn to the nation''s founding to rediscover the dramatic original debates--on presidential power, religious liberty, foreign corruption, and more--that still shape our world todayWhen the Constitutional Convention adjourned on September 17, 1787, few Americans anticipated the document that emerged from its secret proceedings. James Madison, Alexander Hamilton, and the other framers had fashioned something radically new, a strong national government with broad powers. A fierce storm of argument soon broke out in advance of the state ratifying conventions that would decide the new plan''s fate as Federalist supporters, Antifederalist opponents, and seekers of a middle ground praised, condemned, challenged, and analyzed the new Constitution. Here, in chronological order, are more than sixty newspaper articles, pamphlets, speeches, and private letters written or delivered during this ratification debate. Along with familiar figures such as Madison, Hamilton, and Patrick Henry, are dozens of lesser-known but equally engaged and passionate participants. The most famous writings of the period--especially the key Federalist essays--are placed in context alongside the arguments of insightful Antifederalists such as "Brutus" and the "Federal Farmer." Crucial issues quickly take center stage--the need for a Bill of Rights, the controversial compromises over slavery and the slave trade, whether religious tests should be imposed--and on questions that continue to engage and divide Americans: the relationship between the national government and the states, the dangers of unchecked presidential power and the remedy of impeachment, the proper role of the Supreme Court, fears of foreign and domestic corruption, and the persistent challenge of making representative government work in a large and diverse nation.

Read more less

Book Synopsis

Read more less

Book SynopsisDrawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations.Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d’Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes.Trade Review“A truly remarkable addition to the field of literature regarding the first inhabitants. It could very well be a path-breaking book for the field of expert witness training.” —Sandra K. Mathews, author of American Indians of the Early West “A significant contribution. The author provides insights that are perceptive and thought provoking for both academics and legal personnel. This is the kind of valuable information that can only be gleaned from years of experience.” —R. David Edmunds, author of The Fox Wars: The Mesquakie Challenge to New France “A great read for lawyers and those interested in legal proceedings. Hart’s description of his adventures as an expert witness demonstrates a deep understanding of how experts assist courts and administrative agencies to understand and contextualize complicated historical facts and how to place them into an appropriate legal matrix. His account is very enlightening and useful.” —Michael Homer, managing partner at the law firm of Suitter Axland, and author of Joseph’s Temples “Hart, a public historian whose past writings focus on the Zunis, has written an excellent memoir of his involvement as an expert witness for American Indian nations in the West over the past four decades. His book also carefully explains the roles and the pitfalls of serving in this capacity…. Highly Recommended.” —CHOICE “Compelling and clearly presented…. Anyone considering work as an expert witness should read this book.” —Native and Indigenous Studies Association

Read more less

Book SynopsisEvery day, police deception tactics fool millions of Americans into giving evidence they don’t have to give, leading to their arrest and conviction in court because they don’t know when and how to take advantage of their absolute constitutional right to remain silent. By the time they hear the Miranda warning, they have already voluntarily given up the evidence the police need to make an arrest by answering questions and taking sobriety tests, and in many cases, they’ve already guaranteed they’ll lose in court. A Toast to Silence focuses on the right time before the Miranda warning to remain silent and not take tests and on the exact word-for-word lies the police cleverly disguise as truths to make people give up evidence—and shows you exactly when and how to use the power of silence to overcome these deceptive tactics for success in court.Table of ContentsPreface PART 1 The Culture of Deception PART II The Great American Con Job PART III A Nation of Talkaholics Who Lose in Court PART IV Leveling the Playing Field Summation About the Author

Read more less

Book SynopsisTable of Contents Congressional Districts Political Question One Person, One Vote State Legislative Districts Gerrymandering Manageable Standard for Resolving Gerrymandering Appendix A. Congressional Districting Following the 1800 Census: Population Disparities and Geographical Distortions Appendix B. Occurrences of Certain Provisions Regarding State Legislative or Congressional Redistricting in Each State’s Constitution as of June 2019 Appendix C. Disparities in Apportionment Showing Congressional Districts in Each State Having Largest and Smallest Populations

Read more less

Book SynopsisThis book celebrates a century of progress for women’s voting rights and offers thought-leadership on challenges and opportunities for fully realizing gender equality and women’s empowerment, particularly their full and meaningful inclusion in political life and leadership.Women's Voices: Global Perspectives on the Right to Vote is a special global collection of essays, published as a companion to personal stories about the importance of the right to vote by women in several countries captured on video and produced with the assistance of LexisNexis and the International Foundation for Electoral Systems (IFES).These essays will be of particular interest for advocates of women’s voting rights and political inclusion. They provide insightful and pragmatic best practices and suggested actions for women’s rights advocates, policy leaders, legislators, political party leaders, and lawyers to remove bias, prejudice, and discriminatory practices in political parties, elections, and public life.Authors of these essays represent voices from every continent, except Antarctica. The authors were chosen for their diverse perspectives and for a comparison of experiences within varied legal traditions and systems, including common law, civil law, Islamic law, and customary law. These trailblazing women agreed to share stories of triumph and challenge, whether of their own experiences or those of their mothers and grandmothers, and their thoughts on the way forward. As a reflection of their voices, the essays retain each author’s use of the terms “female” and “women.”Table of ContentsContents Foreword vii U.S. Ambassador Prudence Bushnell (retired) Preface xi Colonel Linda Strite Murnane Acknowledgments xv Colonel Linda Strite Murnane About the Editors xvii About the Contributors xix Introduction xxvii Lisa Ryan 1 The Americas: Advances, Persistent Obstacles, and New Challenges 1 Alejandra Mora Mora 2 Australia: Citizenship, Participation, and Reality 17 The Honorable Margaret Beazley, AC, KC, and Elizabeth Chapman 3 Brazil: Impacts, Barriers, and Gender Equality 33 Carla Amaral de Andrade Junqueira 4 Guatemala: Securing Equality and Full Political Participation by Women and Indigenous People 39 María Isabel Luján Zilbermann and Fernanda Monzón Arroyo 5 India: The Electoral Landscape and the Glass Ceiling in the World’s Largest Democracy 47 Arya Tripathy and Priti Suri 6 Iran: Culture, Political Participation, and Continuing Efforts 61 Shima Rostami 7 Japan: Pushback against Pushbacks—Why We Need More Women in Parliament in Japan 71 Hayashi Yoko 8 Kenya: Reflections on Preventing Sexual and Gender-Based Election Violence 75 Rachel Irura 9 United Kingdom: The Legacy and Impact of Women’s Suffrage on the Legal Profession 85 Christina Blacklaws 10 United States: Our Sheroes Have Always Been Clan Mothers: What America Learned about Suffrage from Native Women 93 The Honorable Lisa Atkinson 11 United States: Unresolved Accomplishments and Trailblazing Sheroes 111 Paulette Brown 12 United States: Personal Reflections on Lessons from the 19th Amendment to the U.S. Constitution 125 Gail Heriot Silverman

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisProvides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you can't do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it’s all covered in this concise reference. Search warrants, electronic surveillance, and use of canine search and seizure are also covered in great detail. In addition, citations are included in the book so that readers may find and read the entire case for more information. Finally, numerous charts and guides are included throughout the book to make this as practical a guide as possible, including: a Quick Checklist for Search Warrant Affidavit, Homicide and Violent Assault First Responders Checklist, In-Custody Death Checklist, Affiant Training and Experience Resumé Guide, Telephonic Warrant Form, and, much more. Make sure everyone involved with search and seizure in your organization is equipped with this thorough and understandable guide. Table of Contents: Chapter I. Investigative Detention Chapter II. Traffic Detention Chapter III. Arrest Chapter IV. Use of Force Chapter V. Interview and Interrogation Chapter VI. Warrantless Search and Seizure Chapter VII. Search Warrants Chapter VIII. Electronic Media Concerns Chapter IX. Canine Search and Seizure Chapter X. Canine Use of Force Appendices Table of Cases Index

Read more less

Book SynopsisThis fifth edition of Sword & Shield: A Practical Approach to Section 1983 Litigation is substantially reorganized to provide practitioners with easier access to the information they need as they are handling civil rights claims. As in prior editions, the authors provide a timely analysis of practical considerations necessary to practice effectively in this technically difficult and ever-evolving area of law. The chapters are now more tightly focused to provide a roadmap for handling civil rights litigation under § 1983. Topics covered are: A Comprehensive review of the fundamentals of Section 1983 litigation into state court, including a discussion of state court jurisdiction, forum choice considerations, the methodology of state court Section 1983 litigation, and more; Procedural intricacies of Section 1983 litigation in federal court identifying ripeness, forum choice, and removal, and more; A defense-oriented view of municipal liability under Section 1983; Police misconduct claims in the context of the complex search and seizure rules that police must follow under the Fourth Amendment; The constitutional rights of public employees; The Section 1983 land use case from its inception to the Supreme Court’s recent expansion of the right of property owners; Students’ constitutional rights in public school settings; and Individual immunity defenses under Section 1983.

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThis book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky’s background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment. Trade Review"Greenky’s easy-to-read primer offers general readers and students a telling history and framework for understanding the basic assumptions, ways of thinking, and methodologies courts commonly use to negotiate clashing and competing constitutional values and individual rights to free speech." * Library Journal *"When Freedom Speaks by Lynn Greenky is an excellent introduction and exploration of the contentious field of First Amendment jurisprudence. Both entertaining and educational, it provides the knowledge necessary for an informed electorate. Like a good legal conundrum, it offers opportunities to ask important questions and spark lively arguments." * New York Journal of Books *“Greenky is particularly attentive to the relationship between precedent, innovation, and power.” * Communication and Democracy *“Lynn Greenky offers a spirited and engaging examination of the individuals, groups, and movements that have advanced free speech protections by standing up and speaking out. When Freedom Speaks is an accessible guide to the past, present, and future of free speech in the United States.” -- David Cole, National Legal Director, ACLU, George Mitchell Professor in Law and Public Policy at Georgetown University“When Freedom Speaks serves as a reminder that the First Amendment is a living, breathing structure that continues to both challenge and reinforce our country’s definition of free speech. Lynn Greenky takes us on a thorough journey through all the trials and tribulations it has faced. Anyone with any opinion will benefit from reading this timely road map on the cornerstone of our Constitution.” -- Lauren Tousignant, New York Post“Lynn Greenky’s new book is a tour de force on the importance of free speech to all individuals and groups in America – right, left, center and anyone who doesn’t conform to the prevailing wisdom of the day. …Greenky reminds us that free speech means tolerating one another – instead of silencing or jailing one another. And that’s worth fighting for.” -- Jonathan Collegio, Former Communications Director, American CrossroadsTable of ContentsIntroductionChapter One: A History LessonChapter Two: Foundations and Building BlocksChapter Three: The Road to the Supreme CourtChapter Four: Symbolically SpeakingChapter Five: The Troubling Sound of SilenceChapter Six: Politically SpeakingChapter Seven: Warning! Dangerous Speech AheadChapter Eight: Advocacy Vs Incitement?Chapter Nine: Sticks and Stones and Words That HarmChapter Ten: What the #@*%! School Speech, Campus Codes, and Cancel CultureChapter Eleven: Public SpacesChapter Twelve: The Message and the MediumChapter Thirteen: When Speech OffendsChapter Fourteen: The Language of MoneyChapter Fifteen: When Speech and Faith CollideConclusionTable of CasesWorks CitedEndnotesSuggestions for Further Reading

Read more less

Book SynopsisIn a series of backroom negotiations in 1956, the National Government and Labour Opposition agreed to put aside adversarial politics temporarily and entrench certain significant electoral rules. For any of these rules to be amended or repealed, Section 189 of the Electoral Act (now Section 268 of the 1993 Act) requires the approval of either three-quarters of all MPs or a majority of electors voting in a referendum. The MPs believed this entrenchment put in place a 'moral' constraint to guide future parliaments - but its status has changed over time. In Search of Consensus tells the story of why and how such a remarkable political settlement happened. It traces and analyses the Act's protected provisions, subsequent fortunes and enduring legacy. As such, it is an important contribution to understanding the contemporary constitution and political culture of Aotearoa New Zealand. Contents 1 The ''Remarkable' Electoral Act 1956 2 New Zealand's Constitution in the 1950s 3 Politics and Government in the 1950s 4 The Unsettled Electoral Issues 5 The Making of the Electoral Act 1956 6 Entrenchment 7 The Reserved Provisions: Justifications and Evolution 8 The Electoral Act 1956 and Constitutional Evolution in Aotearoa New Zealand Elizabeth McLeay is a political scientist who has published extensively on New Zealand and comparative politics and government. Her books include: The Cabinet and Political Power in New Zealand (Oxford University Press, Auckland, 1995); with Jonathan Boston, Stephen Levine and Nigel S. Roberts, New Zealand Under MMP: A New Politics? (Auckland University Press/Bridget Williams Books, Auckland, 1996); with Kate McMillan and John Leslie, eds., Rethinking Women and Politics: New Zealand and Comparative Perspectives (Victoria University Press, Wellington, 2009); and with Claudia Geiringer and Polly Higbee, What's the Hurry? Urgency in the New Zealand Legislative Process 1987-2010 (Victoria University Press, Wellington, 2011). Formerly a professor at Victoria University of Wellington, Elizabeth has received many awards and fellowships.

Read more less

Book SynopsisThe need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance. Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.Contributors include: W.-C. Chang, J.I. Colón-Riós, V. Ferreres Comella, J.E. Finn, S. Gardbaum, M.A. Graber, G. Halmai, J. Hiebert, G. Jacobsohn, J. King, H. Klug, D. Landau, D.S. Law, J. McLean, J.-W. Müeller, D. Robertson, Y. Roznai, C. Saunders, M. Schor, H. Schweber, S. Tierney, A. Torres Pérez, M. Tushnet, J. WeinribTrade Review'Masterfully curated by Gary Jacobsohn and Miguel Schor, this unique collection features new essays by many of the most insightful comparative constitutional scholars writing today. Comparative Constitutional Theory advances our understanding of how people living in different political settings conceptualize and address constitutional dilemmas that are common to most modern political systems. It is a handbook that every serious student of comparative constitutionalism should read.' --Ran Hirschl, University of Toronto, CanadaTable of ContentsContents: 1. Introduction: The Comparative Turn in Constitutional Theory Gary Jacobsohn and Miguel Schor PART I CONSTITUTIONAL STRUCTURES AND RIGHTS 2. What is Judicial Supremacy? Stephen Gardbaum 3. Federalism and Constitutional Theory Stephen Tierney 4. Theoretical Underpinnings of Separation of Powers Cheryl Saunders 5. Constitutional Dialogue and Judicial Supremacy Miguel Schor 6. Judicial Dialogue and Fundamental Rights in the European Union: A Quest for Legitimacy Aida Torres Pérez 7. Parliamentary Bills of Rights: Have They Altered the Norms for Legislative Decision-Making? Janet L. Hiebert 8. Social Rights in Comparative Constitutional Theory Jeff King 9. Human Dignity and its Critics Jacob Weinrib PART II CONSTITUTIONAL INTERPRETATION 10. The Counter-Majoritarian Thesis David Robertson 11. Legal Pragmatism and Comparative Constitutional Law David Landau 12. Beyond the Principle of Proportionality Victor Ferreres Comella 13. Text and Textualism: Religious Establishment in the United States Supreme Court and the European Court of Human Rights Howard Schweber 14. Reception, Context, and Identity: A Theory of Cross-National Jurisprudence Heinz Klug PART III CONSTITUTIONAL CHANGE 15. “We the People”, “Oui, the People”, and the Collective Body: Perceptions of Constituent Power Yaniv Roznai 16. Amendment Theory and Constituent Power Mark Tushnet 17. Anchoring and Sailing: Contrasting Imperatives of Constitutional Revolution Gary Jacobsohn 18. Theorising About Formal Constitutional Change: The Case of Latin America Joel I. Colón-Riós 19. Transitional Justice, Transitional Constitutionalism, and Constitutional Culture Gábor Halmai PART IV ISSUES IN CONSTITUTIONALISM 20. The Unwritten Constitution Janet McLean 21. Militant Democracy and Constitutional Identity Jan-Werner Müeller 22. Some Notes on Inclusive Constitution-Making, Citizenship, and Civic Constitutionalism John E. Finn 23. Race and American Constitutional Exceptionalism Mark A. Graber 24. Constitutional Dissonance in China Wen-Chen Chang and David S. Law Index

Read more less

Book SynopsisConstitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies ? empirical, historical, philosophical and textual analysis ? in the effort to provide a comprehensive look at a generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought with Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities. This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere.Contributors include: D. Bonilla Maldonado, J. Couso, C. Crawford, J.L. Esquirol, R. Gargarella, T. Ginsburg, T.K. Hernandez, D. Landau, D.S. Law, F. Nicola, F. Pou GiménezTable of ContentsContents: 1. Introduction Daniel Bonilla Maldonado and Colin Crawford PART I The Relationship Between Latin American and U.S. Constitutionalism 2. The Political Economy of Legal Knowledge Daniel Bonilla Maldonado 3. The Geopolitics of Constitutionalism in Latin America Jorge L. Esquirol PART II Latin American Constitutionalism 4. Constitutionalism in the Americas: A Comparison between the U.S. and Latin America Roberto Gargarella 5. Back to the Future? The return of sovereignty and the principle of non-intervention in the internal affairs of the states in Latin America’s “radical constitutionalism” Javier Couso 6. Constitutionalism old, new and unbound: the case of Mexico Francisca Pou Giménez 7. Socioeconomic Rights and Majoritarian Courts in Latin America David Landau PART III U.S. constitutionalism in the 21st century 8. Constitutional Drafting in Latin America: A Quantitative Perspective David S. Law and Tom Ginsburg 9. The Global Diffusion of U.S. Legal Thought: Changing Influence, National Security and Legal Education in Crisis Fernanda Nicola 10. The Limits of U.S. Racial Equality Without a Latin American Constitutional “Right to Work” – A Thought Experiment Tanya Katerí Hernández Name Index Subject Index

Read more less

Book SynopsisA searing manifesto for troubled times in India.“India is improbable. By any measure of logic or reason, it should not be. Not in this form. And yet it is.” With this provocation, Justice Gautam Patel of the Bombay High Court sketches the exoskeleton of this improbability—the “Constitutional” idea of India. Justice Patel argues that the devolution of power is necessary for the survival of any liberal democracy, maintaining the idea that “the right to choose one’s own government is the right to dissent.” Decrying the portrayal of politics as sport, Patel elucidates the strategies and tactics used by “nimble” governments to enforce a culture of “broad-spectrum illiberalism.” A champion of transparency in the judiciary, Patel argues that the Internet and the judiciary must serve as beacons in this age of precarity. A timely text that comes at a juncture where liberal democracies across the world are facing existential threats, Undermining the Idea of India is a searing manifesto for our troubled times.

Read more less

Book SynopsisRecent developments in Northern Ireland have correctly been described as historic. While the future of constitutional change is by no means certain,events merit close scrutiny. The Good Friday Agreement 1998 marked a significant departure from incrementalism and thus with the dominant logic of British constitutionalism. The Agreement is in essence a constitutional promise anchored in clear normative principles. Although several aspects of the Agreement are in operation there is no guarantee that this new form of constitutionalism will work. However, the foundations of the settlement are clear. The building blocks reflect a strong commitment to human rights, equality and democratic renewal which encompasses a multiplicity of overlapping relationships. This book examines several key aspects of this complex picture. Developments in Northern Ireland have attracted a large measure of international interest. Reflecting this the contributors demonstrate the links to current controversies in constitutional and human rights law scholarship. At a time when there is much consideration of constitutional change in the UK and beyond, the intention is to offer a collection that both describes the changing legal and political landscape in Northern Ireland and one which provides a significant contribution to current debates on constitutionalism.Trade ReviewI thought that my eagerness in reviewing the book was rewarded - well rewarded, even - and it increased the further I read. Craig R. Ducat The Law and Politics Book Review April 2001Table of ContentsNorthern Ireland in transition - an introduction, Colin J. Harvey; the new beginning - reconstructing constitutional law and democracy in Northern Ireland, Colin J. Harvey; Northern Ireland, devolution and the European Union, Gordon Anthony and Andrew Evans; equality, Christopher McCrudden; building a human rights culture in a political democracy - the role of the Northern Ireland Human Rights Commission, Colin J. Harvey; and justice for all? the judiciary and the legal profession in transition, Stephen Livingstone; shaping the future of criminal justice, John Jackson; a new beginning for policing in Northern Ireland, Linda Moore and Mary O'Rawe; human rights, humanitarian interventions and paramilitary activities in Northern Ireland, Kieran McEvoy; democracy, governance and governmentality - the role of the voluntary sector in the democratic renewal of Northern Ireland, John Morison.

Read more less

Book SynopsisConsistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Table of Contents1. Foundations I Settlement II Federation III Independence IV Reconciliation 2. Constitutions I Form and Content II Status III Authority IV Constitution and the Common Law 3. Constitutional Review I Framework II Approach III Sources 4. Representative Democracy I Principle II Institutions III Legislative Function IV Political Rights 5. Responsible Government I Principle II Crown III Government IV Power 6. Separation of Judicial Power I Principles II Commonwealth III States IV Rule of Law 7. Federalism I Principle II Power and Authority III Social and Economic Union IV Co-operation 8. Rights and Freedoms I Principle II Beyond the Formal Constitution III Constitutional Rights IV Rights Instruments

Read more less

Book SynopsisJapan boasts the second largest economy in the world and almost two thousand years of history. Yet, its first modern constitution, the Meiji Constitution, was not enacted until comparatively recently (1889). Since then, following World War II, Japan adopted its current Constitution, the Japanese Constitution of 1946. This book is designed to explain the outline of Japan's Constitution, together with a number of its unique characteristics and to offer an historical background and context which help explain its significance. Major topics covered include the constitutional history of Japan, fundamental principles of the Constitution, the people and the Emperor, the Diet and legislative power, Cabinet and executive power, and the Judiciary and judicial power. Also discussed is the protection of fundamental human rights, individual rights - including freedom of expression,economic freedoms, and social rights, pacifism and national defence, and the constitutional amendment and reform. Although the Japanese Constitution was enacted under the strong influence of the United States Constitution, many of its features are very different. For instance the existence of an Emperor, the long dominance of a conservative party over the Government, the relatively strong power of government bureaucrats, the absence of a leadership role in the Prime Minister, the small role the judiciary play in solving constitutional disputes and the struggle over national defence. Written in an accessible style and comprehensive in content, the reader will find this account of the constitutional law of Japan both unique and stimulating.Trade Review...a concise and balanced description of the legal structure of the Japanese constitution. Kazuhiro Takii Journal of Japanese Studies, Volume 40. Number 1. 2014 Professor Matsui's volume is the first major treatment of Japanese constitutional law to appear in English in several years, and will be accessible to students and scholars alike as an excellent introduction to the field. The volume is easy to use, with a handy table of constitutional articles and legislation, as well as suggestions for further reading for those so inclined. Tom Ginsburg Japan Review, Volume 25, 2013Table of Contents1 The Constitution: Context And History Introduction Part I: Constitutional Context Part II: History Part III: Sources Of Constitutional Law Part IV: Supremacy of the Constitution Part V: Fundamental Principles of the Japanese Constitution Conclusion Further Reading 2 The Constitution, the People and the Emperor Introduction Part I: The Popular Sovereignty Principle Part II: The People Part II: Election and Political Party Part IV: The Emperor Conclusion Further Reading 3 The Diet and the Legislative Power Introduction Part I: The Diet Part II: Powers of the Diet Part III: Legislative Process 78 Part IV: Legislators and Bureaucrats: Reality of the Legislative Process Conclusion Further Reading 4 The Cabinet and the Executive Power Introduction Part I: The Status of the Cabinet and the Prime Minister Part II: The Powers of the Cabinet P art III: The Relationship Between the Cabinet and the Diet Part IV: The Prime Minister, the Cabinet and Bureaucrats Part V: Legal Control of the Executive Conclusion Further Reading 5 The Courts and the Judicial Power Introduction Part I: The Courts Part II: Justiciability Part III: The Power of Judicial Review Conclusion Further Reading 6 The Protection of Fundamental Human Rights: Structural Issues Introduction Part I: Fundamental Human Rights Part II: Applicability of Constitutional Rights Part III: Restrictions on Fundamental Human Rights Conclusion Further Reading 7 The Protection of Fundamental Human Rights: Specific Rights Introduction Part I: Equality Part II: Personal Freedoms Part III: Economic Freedoms Part IV: Social Rights Conclusion Further Reading 8 Pacifism And National Defence Introduction Part I: Pacifism Part II: The Self-Defence Force Part III: The Japan-United States Mutual Security Treaty Part IV: The Constitution and International Peace Cooperation Conclusion Further Reading 9 Constitutional Amendment and Reforms Introduction Part I: Constitutional Amendment Part II: Amending the Japanese Constitution or Enacting a New Constitution Conclusion Further Reading

Read more less

Book SynopsisOne of the most significant constitutional developments of the past century has been the creation and proliferation of O'administrative tribunals' the main function of which is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a task also performed by courts in 'judicial review' proceedings and appeals. Tribunals in aggregate adjudicate many more such disputes than courts, but have received relatively little scholarly attention. This book compares tribunals in Australia, the UK and the US. It offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.Trade Review...the book provides a clear theoretical analysis of administrative tribunals in different jurisdictions. Lin Feng Asia Pacific Law Review Volume 19, No. 2 Administrative Tribunals and Adjudication is a work of considerable scholarship, which throws new light on an important set of institutions that have not hitherto received the attention they deserve. Michael Adler Journal of Law and Society Volume 37, Number 3, 2010 Professor Cane's excellent book helps to redress the lack of academic attention paid to administrative tribunals...This is an outstanding account of Australian tribunal adjudication and its place in the regime of administrative decision-making and law. The detailed and sophisticated use of comparative law analysis helps to understand the choices that have been taken in Australia, what some of the alternatives were (and are), and also the constraints that will continue to shape administrative adjudication. Edward Santow Public Law Review 2010 Issue 21 Cane presents a precise, richly detailed account of administrative organizations, grounded in an impressive survey of the administrative law literature and Cane's own observations ... Such a detailed account is valuable because, as Cane notes, there is not much literature outside of Australia about what administrative tribunals do. Readers will come away impressed with the breadth of research that Cane has conducted on these tribunals and the care with which he details the differences among them. Robert J. Hume Law and Politics Book Review April 6, 2010 The book is clearly and elegantly structured into seven chapters each analysing a different aspect of tribunals. The strengths of this book are to be found principally in the subtle blend of different types of analysis - constitutional, historical and comparative - used to appreciate the role and significance of tribunals. Cane presents a very scholarly and well-informed synthesis of three dimensions of tribunals: their functions across four jurisdictions, their historical development, and their constitutional significance. This book is very much to be welcomed as an excellent addition to the literature. It provides a valuable and wide-ranging study of an important but long neglected set of institutions and it should encourage administrative law scholars to pay much more attention to the work of tribunals. Robert Thomas The Cambridge Law Journal Volume 70, Part 1Table of Contents1 Survey 1.1 The Project 1.2 Administrative Tribunals and Administrative Adjudication 1.2.1 The AAT is not a court 1.2.2 The AAT reviews decisions 1.2.3 The AAT's jurisdiction 1.3 The Plan of the Book 1.4 Conclusion 2 History 2.1 Introduction 2.2 1066 to 1800 2.3 19th and 20th Centuries 2.3.1 The UK 2.3.2 The US 2.3.3 Australia 2.4 Conclusion 3 Models 3.1 The UK Model 3.2 The US Model 3.3 The Australian Model 3.4 The French Model 3.5 Conclusion 4 Form 4.1 Membership, Appointments and Composition 4.1.1 Membership 4.1.1.1 Expertise and Specialisation 4.1.1.2 The US 4.1.1.3 The UK 4.1.1.4 Australia 4.1.1.5 The Tasks of Non-court Administrative Adjudicators 4.1.2 Appointment Processes 4.1.2.1 Who Appoints and How? 4.1.2.2 Terms and Conditions of Service 4.1.3 Composition 4.2 Separation and Independence 4.2.1 The UK 4.2.2 Australia 4.2.3 The US 4.3 Structure and Systematisation 4.3.1 Jurisdictional Specialisation 4.3.1.1 Patterns of Specialisation 4.3.1.2 The Theory of Specialisation and Amalgamation 4.3.2 Supervision and Accountability 4.3.2.1 Hierarchical Supervision 4.3.2.2 External Supervision 4.4 Conclusion 5 Function 5.1 Introduction 5.2 Categorising Governance Functions: the Legacy of Montesquieu 5.3 Merits Review 5.3.1 Merits Review is a Mode of Review 5.3.2 The Substantive Element of Merits Review 5.3.2.1 The 'Correct or Preferable' Formula 5.3.2.2 The Basis of Merits Review 5.3.3 The Procedural Element of Merits Review 5.3.4 The Remedial Element of Merits Review 5.4 Merits Review and Judicial Review 5.5 The 'Normative Function' of Merits Review and the AAT 5.6 Merits Review Outside the AAT 5.7 The Nature of Tribunal Review in Comparator Jurisdictions 5.7.1 The UK 5.7.2 The US 5.7.3 France 5.8 Conclusion 6 Purpose 6.1 What is Administrative Justice? 6.2 A Formula for Administrative Justice in Tribunals? 6.3 Jurisdiction 6.4 Standing 6.5 Processes 6.5.1 The Paradigm Mode of Decision-Making 6.5.1.1 The Reviewer 6.5.1.2 The Respondent 6.5.1.3 The Applicant 6.5.2 Alternatives to the Paradigm Mode 6.6 Resources 6.7 Conclusion 7 Landscape 7.1 The Accountability 'Sector' 7.2 Tribunals and Ombudsmen 7.3 Tribunals and Internal Review 7.4 Tribunals and Courts 7.4.1 Australia 7.4.2 The US 7.4.3 The UK 7.4.4 Re-conceiving the Relationship Between Courts and Tribunals 7.5 Tribunals and ADR/PDR 7.6 Conclusion

Read more less

Book SynopsisIn addition to the economic miracle, with surprising growth in the 1970s and 1980s, Taiwan has further shown the world two others. One is the democratic miracle which brought about a silent revolution from notorious authoritarian regime to full democracy in Asia. Intertwined with that miracle is the constitutional one, in which political reform was undertaken in a constitutional manner and through constitutional means. Indeed, Taiwan’s transition to democracy was made possible by incremental constitutional revisions, courts responsive to changing dynamics, and a civil society engaged in the project of constitutional transformation. These changes ushered in the unprecedented development of a transitional and transnational constitutionalism. This volume seeks to explain the drivers and context of these constitutional transformations. Democratisation, indigenisation and globalisation all drove the transformation of an externally imposed constitution into an internally embraced, vibrant constitution. The changes analysed in this volume include institutional shifts from a cabinet system to a semi-presidential one; from three parliaments to one; from manipulated central-local relations to a functional federalism; from a Constitutional Court that merely rubber-stamped to one that is responsive and supports social and political dialogues. More importantly, this volume details how a short list of constitutional rights has been transformed to a burgeoning rights-based discourse engaged by civil society.Trade ReviewThis book is by no means simply an introduction to Taiwan’s constitutional evolution. Yeh’s insightful analyses shed new light on many topics such as civic constitutionalism, transitional constitutionalism, constitutional identity, unconstitutional constitutional amendments, etc. ... it is definitely a must read not only for those who are interested in Taiwan in particular, but also for students of (comparative) constitutional law in general. -- Chien-Chih Lin, Institutum Iurisprudentiae * International Journal of Constitutional Law *Table of Contents1. TAIWAN’S CONSTITUTION IN WORLD CONSTITUTIONALISM: COMMON AND SALIENT FEATURES 2. TAIWAN’S CONSTITUTIONAL JOURNEY: IMPOSITION AND INDIGENISATION 3. THE EVOLVING PRESIDENCY AND THE EXECUTIVE 4. REPRESENTATION AND LEGISLATIVE PROCESS 5. MULTI-LEVEL GOVERNANCE AND DEVOLUTION 6. JUDICIAL REVIEW AND THE FUNCTION OF THE CONSTITUTIONAL COURT 7. RIGHTS AND FREEDOMS 8. CONCLUSION: CHALLENGES AND PROSPECTS

Read more less

Book SynopsisThis short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. ConclusionsTrade ReviewThis book should be an indispensable companion for any student or teacher interested in law and politics, as it introduces the reader to the political dimension of legal notions and as it analyses the legal dimension of a number of central themes of political studies. Chr. Zarari European Review of Public Law January 2001 ...analyses, which he carries through with elegance and erudition...Sword and Scales elegantly and convincingly demonstrates that to view law and politics in terms of such a simple antithesis is both misleading and sterile. Terence Daintith Public Law Review June 2002Table of ContentsI. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

Read more less

Book SynopsisThis short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. ConclusionsTrade ReviewThis book should be an indispensable companion for any student or teacher interested in law and politics, as it introduces the reader to the political dimension of legal notions and as it analyses the legal dimension of a number of central themes of political studies. Chr. Zarari European Review of Public Law January 2001 ...analyses, which he carries through with elegance and erudition...Sword and Scales elegantly and convincingly demonstrates that to view law and politics in terms of such a simple antithesis is both misleading and sterile. Terence Daintith Public Law Review June 2002 In sum, this is a book overflowing with ideas and insights, and written in a style which avoids obscure formulations but never the important questions. If in the end, the wide audience that the book deserves is left wanting more, this is not a mark of failure but rather a tribute to the rich suggestiveness and novelty of the author's approach to a very old subject. Neil Walker, EUI, Florence Public Law February 2003 Martin Loughlin's topic is the relationship between politics and justice - between sword and scales. It's as thorough an examination as any lawyer might ever need to read But this is no dusty tome. Loughlin considers contemporary issues that lie at the interface of politics and law He produces points of real relevance. Four years on from its first publication, with Saddam Hussein in jail and our senior judges getting Bolshie, Loughlin's book is now more important than when it was written. Non-lawyers should read it too. Austin Mitchell Tribune June 2004 He conducts as thorough an examination as any lawyer might ever need to readthis is no dull and dusty tome...He produces points of searing relevanceLoughlin's book is even more important than when written. Solicitors' Journal November 2004Table of ContentsI. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

Read more less

Book Synopsis'A crucial, riveting polemic in support of one of the most precious things humanity has built - democracy itself' OWEN JONES'Graham Smith shows what fools our rotten constitution makes of us, with a monarch as emblem of a country beset by nepotism, backhanders, chumocracy and inherited privilege. Read and rebel!' POLLY TOYNBEEWe're constantly told the same things about the monarchy:But the monarchy is good for tourism..It isn't! Evidence points to some royal weddings actually having a negative impact on inbound tourism.But the monarchy makes a big difference to charity..Of the approx. 1,200 charities with a royal patron, 74% had no contact with their patron during the preceding year.But everyone loves the monarchy..A January 2023 poll showed support for the monarchy is down 55 percent.It's wrong in principle and it doesn't work in practice. It doesn't have to be this way.They say Britain should be proud to have the mother of parliaments, to be a shining beacon of democracy and an example to other nations. But there's an elephant in the room.At the heart of power is a single family. They weren't elected but they live off the public purse. They aren't accountable to anyone, and yet between them they are privy to more government secrets than many cabinet ministers. Divinely appointed using a special hat, the head of the family is your superior, you his subject. Apparently he is guardian of our constitution - but we're also told he wouldn't dream of interfering in politics.If you accept the monarchy, you must accept the moral compromise that comes with it, from its erosion of the principle of equality to the secret interference in our laws. But the good news is that we don't have to accept it. True democracy is within our reach.Trade ReviewA crucial, riveting polemic in support of one of the most precious things humanity has built - democracy itself. -- Owen Jones, author of The EstablishmentIf ever you thought tradition, tourism, or political stability were good arguments for the Crown, this razor-sharp book knocks that nonsense into a top hat. Erudite Graham Smith shows what fools our rotten constitution makes of us, with a monarch as emblem of a country beset by nepotism, backhanders, chumocracy and inherited privilege. Read and rebel! -- Polly Toynbee, author of An Uneasy InheritanceThis is a very timely reminder of the constitutional absurdity of our taxpayer-funded Royal Family that is at war with itself. Whether you're in favour of abolition or a more slimmed-down monarchy in keeping with modern Britain, Graham Smith puts the case for reform eloquently and forcefully. -- Robert Verkaik, author of Posh BoysThis is the book I have been waiting for. The lack of accountability of the monarchy is disgraceful. The privileges they have are indefensible. Step forward Graham Smith. He is not afraid to speak the truth so many people feel but find difficult to express. Reading this book will give you the confidence to speak up, and to understand that we, the British people, (and I must say, those in the land of my parents), deserve a fairer society. -- Benjamin Zephaniah, author of The Life and Rhymes of Benjamin ZephaniahAbolish the Monarchy confronts readers with some uncomfortable truths... Abolish the Monarchy delivers where much of the press so often fails... our political landscape is richer for protest movements like his - police, take note. * Telegraph *

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisThe work of a multidisciplinary research team, Transparent Lives explains how surveillance is expanding—mostly unchecked—into every facet of our lives. Although many Canadians are aware that government agencies are able to conduct mass surveillance using phone and online data, relatively few of us recognize the extent to which our privacy has been invaded by routine forms of monitoring. We cannot walk down a city street, attend a class, pay with a credit card, hop on an airplane, or make a phone call without data being captured and processed. Where does such information go, and who makes use of it? Who gains, and who loses? The New Transparency Project set out to investigate the myriad of ways in which both government and private sector organizations gather, monitor, analyze, and share information about ordinary citizens.This research, which extended over several years, culminated in the identification of nine key trends in the contemporary practice of surveillance—trends that, together, raise urgent questions of both privacy and social justice. Perhaps the loss of control over our personal information is merely the price we pay for using social media and other forms of electronic communication. Or should we instead be wary of systems that make us visible, and thus vulnerable, to others as never before? Transparent Lives is intended to inform policymakers, journalists, civil liberties groups, and educators about the current state of surveillance in Canada. Above all, though, it aims to alert unsuspecting citizens to the ubiquitous and largely invisible practices of monitoring that surround them.Table of ContentsPrefaceAcknowledgementsIntroduction: How Canadian Lives Became Transparent to Watching EyesTrend 1: Expanding Surveillance: From the Atypical to the RoutineTrend 2: Securitization and Surveillance: From Privacy Rights to Security RisksTrend 3: The Blurring of Sectors: From Public Versus Private to Public with PrivateTrend 4: The Growing Ambiguity of Personal Information: From Personally Identified to Personally IdentifiableTrend 5: Expanding Mobile and Location-Based Surveillance: From Who You Are to Where You AreTrend 6: Globalizing Surveillance: From the Domestic to the WorldwideTrend 7: Embedding Surveillance in Everyday Environments: From the Surveillance of People to the Surveillance of ThingsTrend 8: Going Biometric: From Surveillance of the Body to Surveillance in the BodyTrend 9: Watching by the People: From Them to UsConclusion: What Can Be Done?APPENDIX 1: Surveillance and Privacy Laws: FAQSAPPENDIX 2: Surveillance MoviesAPPENDIX 3: How to Protect Your Privacy Online: FAQSAPPENDIX 4: Canadian NGOs Concerned with Surveillance, Privacy, and Civil LibertiesAPPENDIX 5: Further Reading

Read more less

Book Synopsis

Read more less

Book SynopsisA thrilling, behind-the-scenes account of the revolutionary Roe v. Wade Supreme Court ruling.The Justices Behind Roe V. Wade offers a front-row seat to the inner workings of the Supreme Court that led to the monumental Roe v. Wade decision. Spanning from 1969 to 1972, Pulitzer Prize–winning author Bob Woodward and coauthor Scott Armstrong report on the masterful maneuvering and politicking that affected the court’s decisions and created obstacles for the landmark ruling. Abridged from the #1 bestseller The Brethren, this is an exquisite work of reporting on one of the most important rulings of the United States.

Read more less

Book SynopsisNATIONAL BESTSELLER“A vivid account of a remarkable life.” —The Washington PostIn this comprehensive, revelatory biography—fifteen years of interviews and research in the making—historian Jane Sherron De Hart explores the central experiences that crucially shaped Ginsburg’s passion for justice, her advocacy for gender equality, and her meticulous jurisprudence. At the heart of her story and abiding beliefs is her Jewish background, specifically the concept of tikkun olam, the Hebrew injunction to “repair the world,” with its profound meaning for a young girl who grew up during the Holocaust and World War II. Ruth’s journey begins with her mother, who died tragically young but whose intellect inspired her daughter’s feminism. It stretches from Ruth’s days as a baton twirler at Brooklyn’s James Madison High School to Cornell University to Harvard and Columbia Law Schools; to becoming one of the first female law professors in the country and having to fight for equal pay and hide her second pregnancy to avoid losing her job; to becoming the director of the ACLU’s Women’s Rights Project and arguing momentous anti-sex discrimination cases before the U.S. Supreme Court. All this, even before being nominated in 1993 to become the second woman on the Court, where her crucial decisions and dissents are still making history. Intimately, personably told, this biography offers unprecedented insight into a pioneering life and legal career whose profound mark on American jurisprudence, American society, and our American character and spirit will reverberate deep into the twenty-first century and beyond.REVISED AND UPDATED WITH A NEW AFTERWORD

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book Synopsis

Read more less

Book SynopsisDie europäische Bürgerschaft bereitet der rechtswissenschaftlichen Analyse wie der politischen Theorie gleichermaßen Kopfzerbrechen. Die eingeführten Kategorien wie Staatsangehörigkeit und Staatsbürgerschaft sind auf den Staat bezogen. Verbreitet ist deshalb der negative Abgleich zwischen Unionsbürgerschaft und Staatsangehörigkeit. Er führt aber kaum über das tautologische Ergebnis hinaus, die Unionsbürgerschaft sei keine Staatsangehörigkeit, weil die Union kein Staat sei. Gegenstück dazu ist eine Deutung der Unionsbürgerschaft als menschenrechtlich-universeller Status ( post-national membership). Beide Perspektiven sind negativ staatsfixiert und föderalismusblind. Die europarechtliche Sonderterminologie führt hier ebenfalls nicht weiter, sondern verharrt bei aussagearmen sui-generis-Formeln.Christoph Schönberger bietet einen Ausweg aus dieser Sackgasse der Diskussion. Er analysiert die Unionsbürgerschaft im Lichte föderaler Erfahrung und nutzt hierfür die Rechtsvergleichung mit Entstehung und Struktur der Bundesangehörigkeit in den Vereinigten Staaten, der Schweiz und Deutschland. Unterschiedliche Rechtspositionen der Unionsbürger wie etwa Aufenthalts-, Wahl- und soziale Rechte in den anderen Mitgliedstaaten, ihr diplomatischer Schutz oder das Wahlrecht zum Europäischen Parlament werden in einen systematischen föderativen Kontext eingeordnet. Die doppelte Zugehörigkeit des Unionsbürgers zu Mitgliedstaat und Union, so zeigt sich dabei, ist keineswegs ein Sonderphänomen der europäischen Integration; sie kennzeichnet vielmehr die fragile Normalität eines jeden Bundes.

Read more less

Book SynopsisBand 5 der chronologisch angelegten und historisch-kritisch bearbeiteten Gesamtausgabe der Schriften von Hans Kelsen (1881-1973) vereinigt die von Kelsen besorgte Kommentierung der Verfassungsgesetze aus der Umbruchzeit vom Ende der Monarchie über die Republik Deutschösterreich bis hin zur konsolidierten, eigenständigen und bundesstaatlich ausgerichteten Republik Österreich. Damit dokumentierte Kelsen unter Mithilfe von Georg Fröhlich und Adolf Julius Merkl die Arbeiten der Provisorischen (1918-1919) sowie der Konstituierenden Nationalversammlung (1919-1920).Kelsen, der im Jahre 1919 sowohl Mitglied des deutschösterreichischen Verfassungsgerichtshofes als auch Ordinarius an der Universität Wien wurde, konnte sich hier seines Spezialwissens als Verfassungsberater des Staatskanzlers Karl Renner bedienen. Besondere Aufmerksamkeit verdienen die - jeweils politisch brisanten - Thesen, dass zwischen der Monarchie und der Republik rechtliche Diskontinuität bestehe und dass Deutschösterreich ein zentralistischer Einheitsstaat sei.

Read more less

Book SynopsisDie Sammlung der Entscheidungen des Bundesverfassungsgerichts gehört zu den einflussreichsten und meistzitierten Periodika der deutschen Jurisprudenz. Sie enthält alle Senatsentscheidungen des Bundesverfassungsgerichts (BVerfG) in ungekürzter Fassung. Begonnen mit Gründung des Gerichts im Jahr 1951, wird die Sammlung inzwischen jedes Jahr mehrmals um neue Bände ergänzt. In der abgekürzten Zitierweise als "BVerfGE" ist sie jedem deutschen Juristen geläufig und gilt vielen sogar als "die amtliche Sammlung". Zu den Höhepunkten der Sammlung gehören auch die fünf meistzitierten deutschen Gerichtsentscheidungen - zur Volkszählung 1987 (BVerfGE 65, 1), zum Boykottaufruf des Hamburger Senatsdirektors Lüth 1958 (BVerfGE 7, 198), zum Schnellen Brüter in Kalkar 1972 (BVerfGE 49, 89), zum Schwangerschaftsabbruch (BVerfGE 39, 1) sowie zum Mitbestimmungsgesetz 1976 (BVerfGE 50, 290).

Read more less

Book SynopsisDie Sammlung der Entscheidungen des Bundesverfassungsgerichts gehört zu den einflussreichsten und meistzitierten Periodika der deutschen Jurisprudenz. Sie enthält alle Senatsentscheidungen des Bundesverfassungsgerichts (BVerfG) in ungekürzter Fassung. Begonnen mit Gründung des Gerichts im Jahr 1951, wird die Sammlung inzwischen jedes Jahr mehrmals um neue Bände ergänzt. In der abgekürzten Zitierweise als "BVerfGE" ist sie jedem deutschen Juristen geläufig und gilt vielen sogar als "die amtliche Sammlung". Zu den Höhepunkten der Sammlung gehören auch die fünf meistzitierten deutschen Gerichtsentscheidungen - zur Volkszählung 1987 (BVerfGE 65, 1), zum Boykottaufruf des Hamburger Senatsdirektors Lüth 1958 (BVerfGE 7, 198), zum Schnellen Brüter in Kalkar 1972 (BVerfGE 49, 89), zum Schwangerschaftsabbruch (BVerfGE 39, 1) sowie zum Mitbestimmungsgesetz 1976 (BVerfGE 50, 290).

Read more less