Constitutional and administrative law: general Books

Book SynopsisThis book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.Table of Contents1. The Making of the Italian Constitution and its Evolution I. Introduction II. The Albertine Statute III. The Fascist Regime, the Second World War and the Transition to the Republic (1922–1945) IV. The Constituent Assembly (1946–1948) V. The Rigidity of the Republican Constitution VI. Procedures for and Limits on Constitutional Amendments VII. The Most Important Constitutional Amendments VIII. The Evolution of the Italian Republican Constitution IX. Conclusion Further Reading 2. The Italian Constitution within the ‘Composite’ European Constitution I. Introduction II. Openness to the International Order and its Foundations III. The Constitutional Principles on International Law IV. The ‘European Journey’ of the Constitutional Court V. The ‘Counter-limits’ Doctrine VI. The European Convention of Human Rights in the Italian Legal System VII. Constitutional Rules and Practice of Implementing EU Law VIII. Conclusion Further Reading 3. Popular Sovereignty and Separation of Powers I. Introduction II. The Democratic Principle in the Italian Constitution: The Right to Vote and to be Elected III. Direct Democracy: The Abrogative Referendum and its Different Usages IV. Representative Democracy: The Electoral System and its Evolution V. Conclusion Further Reading 4. Parliament I. Introduction II. The Italian Parliament in the Constitution III. A Symmetrical Bicameralism IV. The Internal Organisation of the Chamber and the Senate V. Privileges and Immunities of MPs VI. Parliamentary Rules of Procedure VII. The Legislative Process 2 VIII. The Budgetary Process IX. The Oversight Function X. Conclusion Further Reading 5. The Government: Between Politics and Administration I. Introduction II. The Structure of the Government III. The Confidence Relationship with the Two Houses of Parliament IV. The Primary and Secondary Normative Powers of the Government V. The Distinction between Politics and Administration VI. The Constitutional Principles on Public Administration VII. The Auxiliary Bodies and the Independent Authorities VIII. Conclusion Further Reading 6. The President of the Republic I. Introduction II. Election, Term of Office and Substitution III. The Responsibility of the President of the Republic IV. The Counter-signature and the Classification of the Acts of the President of the Republic V. The Shaping of the Role of the President of the Republic Throughout the Constitutional Experience VI. Conclusion Further Reading 7. Regional and Local Government I. Introduction II. Origins and Evolution of the ‘Republic of Autonomies’ III. The Constitutional Framework and its Delayed Implementation IV. Special and Ordinary Regions V. The Direct Election of the Presidents of the Regions and Statutory Autonomy VI. The Distribution of Legislative Competences between the State and Regions VII. Administrative Autonomy and the Principles of Subsidiarity and Loyal Cooperation VIII. Financial Autonomy IX. Local Authorities X. Conclusion Further Reading 8. The Judiciary I. Introduction II. The Evolution of the Judicial Function III. The Separation of Powers and Judicial Independence IV. The Organisation of the Judiciary V. Judicial Responsibility VI. Conclusion Further Reading 9. The Constitutional Court I. Introduction II. Historical Background III. The European Model of Constitutional Adjudication IV. The Constitutional Court: Composition and Functions V. The Court’s Delayed Establishment and First Years of Activity: Reviewing Fascist Legislation VI. A Variety of Remedies VII. The Incidental Procedure and the Relationship with Ordinary Courts VIII. The Constitutional Court and European Courts IX. The Relational Character of Italian Constitutional Adjudication and Internal Collegiality X. Conclusion Further Reading 10. Protection of Rights I. Introduction II. The Evolution of Constitutionalism and the ‘Age of Rights’ III. Inviolable Rights IV. The Italian Approach to Fundamental Rights: Personalism, Pluralism and Solidarity V. Codified Rights and New Rights VI. Limiting Rights VII. Judicial and Non-judicial Safeguards VIII. Key Rights IX. Conclusion Further Reading

Read more less

Book Synopsis

Read more less

Book SynopsisTracing constitutional thought from the Enlightenment to the present, Martin Loughlin shows how a tool for the protection of self-government has become a means for subverting popular will. Across the globe, constitutions now displace democratic decision-making, as courts interpret values in the law that ultimately trump legislative action.Trade ReviewLoughlin has written a short, dense book of considerable intellectual and political importance. Against Constitutionalism is an essential argument, forcefully made, and bristling with both learning and thinking. -- Jedediah Purdy, author of This Land Is Our Land: The Struggle for a New CommonwealthAgainst Constitutionalism does a wonderful job detailing the change in the nature of constitutional government that has taken place over the past hundred years and why those changes matter. This is a book that every serious student of constitutional government needs to read and think about. -- Mark A. Graber, author of Dred Scott and the Problem of Constitutional EvilIn this forceful critique of constitutionalism, Loughlin supplies us not only with an account of the emergence of a new ideology but also with a compelling analysis of its pathologies. It will surely engage the minds of jurists and legal scholars, but it should also be closely read by democratic theorists, who will find in these pages answers to questions they have been pondering for some time. -- Chandran Kukathas, author of Immigration and FreedomConstitutionalism and democracy, two notions that we are used to perceiving as a pair, are here opposed to each other. Loughlin’s thesis—that constitutionalism must cede if democracy shall thrive—is provocative enough to make this brilliantly written book one with which scholars will have to contend. -- Dieter Grimm, former Justice of the Federal Constitutional Court of GermanyA tightly-presented but far-ranging survey of both legal theory and practical example, Against Constitutionalism is a thoughtful and thought-provoking introduction to and analysis of the subject-matter. * Complete Review *The United States is in the grip of an ideology. Constitutionalism, a distinctive philosophy of governance, has quietly come to dominate and be taken for granted. So argues Against Constitutionalism, Loughlin’s ambitious account of how constitutionalism emerged, developed, and spread. The book’s central insight is that constitutionalism is not an empty vessel into which other commitments can be poured, but rather that it has its own values, logic, and normative commitments. -- Jonathan S. Gould * Harvard Law Review *Provocative…Loughlin is highly critical of the juridification of politics and identifies the EU as one of the main culprits in this process…Loughlin’s key aim is thus to defend constitutional democracy against constitutionalism—a task that can only be pursued at local and national level against the hubris of ‘the cosmopolitan project. -- Stefan Auer * Contemporary Political Theory *An important book that will occupy a prominent place in the contemporary discussion of constitutional theory. It is, perhaps, Loughlin’s most important book, one in which the author revisits and recreates theoretical concerns that he has been working on for decades…Both for its singular virtues and for the intensity of the controversies it is bound to arouse, Against Constitutionalism represents a remarkable work. -- Roberto Gargarella * University of Toronto Law Journal *[This book] brilliantly targets the principal legal dogma of the past 40 years: that well-ordered societies need elite protection from democracy, not least for the sake of rights. It isn’t, Loughlin contends, just that the juristocratic turn has elicited popular backlash while harmonising with economic liberalism. It has increasingly undone self-government. -- Samuel Moyn * New Statesman *Against Constitutionalism is a brilliant book—an erudite study not only of the historical evolution of the concept of constitutionalism but also of the contested meanings of associated concepts, including sovereignty, constituent power, and the state…A must-read book for anyone who is interested in the fate of constitutional democracy. -- Yasmin Dawood * Balkinization *

Read more less

Book SynopsisEvery day, in every court and tribunal, advocates represent us all - Crown and defendant, landlord and tenant, rich and poor, honest and false alike. What are the duties to court and client? This book surveys the role of advocates at every stage of their work.

Read more less

Book SynopsisThe definitive account of an icon who shaped gender equality for all women. In 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 was 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 began 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 US 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 impact will reverberate deep into the twenty-first century and beyond.Trade Review‘Readable and rewarding … Ginsburg is a true-blue legal icon.’ -- Michelle Olsen * NPR *‘Engaging and admiring.’ * The Wall Street Journal *‘An accomplished account of Ginsburg’s life that also probes the fissures of feminism as it developed over the past 70 years … offers a humane and definitive portrait of Ginsburg’s life and times, full of context and colour.’ -- Frieda Klotz * Sunday Independent *‘[A]n excellent biography based on archives and interviews with colleagues and friends: In its comprehensiveness, range and attention to detail, this is a vivid account of a remarkable life ... De Hart’s chapters on the landmark cases Ginsburg argued, which were the original core of her book project, are detailed and accessible.’ -- Jeffrey Rosen * The Washington Post *‘In a revealing new biography, 15 years in the making, Jane Sherron De Hart helps untangle the mystery of the decorous Ginsburg as feminist gladiator.’ -- Dahlia Lithwick * The Atlantic *‘This hefty book of more than seven hundred pages portrays the history of an outstanding legal expert known and applauded for her advancement of gender equality and civil rights. It is an American story that should be read as an example of what is possible when one has family support, internal grit, moral certainty, and scholarly expertise. Read about Ginsburg’s role in the ACLU, look into case histories, watch her as a college professor, look at the political wrangling, and examine her performance as a judge in the Appeals Courts and as a Supreme Court Justice. This is a wondrous tale, recorded well, that resounds as an American epic.’ -- Aron Row * Seattle Book Review *‘An in-depth biography of the Supreme Court justice who has become a pop-culture icon.’ * USA Today *‘De Hart’s thorough biography relates this life story with a nice sense of the sweep of feminist and legal history that is contained within it.’ * Minneapolis Star Tribune *‘The first comprehensive biography of Ruth Bader Ginsburg … De Hart excels in explaining the majority opinions, and later the dissents, in which she participated with remarkable clarity, illuminating the issues, the competing positions, and the significance of each in language easily grasped by readers with no legal training (for a nonlawyer, De Hart has a remarkable grasp of court jurisprudence) ... A monumental biography of one of the most influential and revered Supreme Court justices of the last century.’ STARRED REVIEW * Kirkus Reviews *‘De Hart's great strength is her ability to explain Ginsburg's cases and the legal strategies she employed … An insightful, fascinating, and admiring biography of one of America's most extraordinary jurists.’ * Publishers Weekly *‘Meticulously researched … Ginsburg’s career is skillfully placed within the context of American social and political history.’ * Library Journal *‘Passionate and thorough … A major event in scholarship on American law.’ * Washington Monthly *‘Scholarly, yet accessible … Rewarding and compelling.’ * Pittsburgh Post-Gazette *‘Magisterial and timely … Written in clear language and grounded in historical context.’ * The Forward *‘Compelling … De Hart succeeds in showing us that the 107th person to be appointed to the Supreme Court is much more than a pop culture icon.’ * Jewish Journal *‘A masterful biography that adds depth and insight to Ginsburg's only-in-America life story.’ -- Kenneth Jost * Washington Independent Review of Books *‘De Hart displays an impressive grasp of each area of Ginsburg's legal influence, from women's rights to voting rights to gay rights to immigrant rights, with a particular focus on striking down laws that discriminated on the basis of gender.’ -- Mary Ann Gwinn * Newsweek *‘Does a daunting job of restoring Ginsburg’s impressive roots … As Martin Luther King Jr. said, ‘The arc of the moral universe is long, but it bends toward justice.’ De Hart leaves no doubt that, in Justice Ginsburg’s hands, that arc will undoubtedly continue to bend.’ -- Priscilla Kipp * BookPage *‘A rigorous, comprehensive, deftly written biography.’ * The National Book Review *‘Couldn't have come at a more opportune time ... This in-depth tome clocks in at more than 500 pages, but promises a first-of-its kind look inside RBG's personal and professional lives ... already at the top of our holiday shopping lists for the formidable women and girls in our lives.’ -- Quinn Keany * Popsugar *‘De Hart dynamically devotes more than 500 pages to the amazing life of Supreme Court Justice Ruth Bader Ginsburg … This extensively documented account … is also quite engaging and very easy to read.’ STARRED REVIEW -- Kathleen McBroom * Booklist *Praise for Women's America: refocusing the past: ‘Women's America is exceptional at providing a variety of perspectives, experiences, and knowledge about women's economic, social, cultural, political, and sexual lives throughout a broad expanse of time and geography.’ -- Sandra Slater, College of Charleston

Read more less

Book SynopsisTrade ReviewOver the past three decades, Richard A. Epstein has repeatedly argued—with analytical rigor and astonishing erudition—that governments govern best when they limit their actions to protecting liberty and property…Mr. Epstein believes that constitutional law lost its way when it began to embrace a Progressive vision, according to which rights are created by a supposedly benevolent state…[He] vividly shows us how constitutional law would look if we gave priority to individual rights—something that we have not done for almost a century. * Wall Street Journal *Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus…Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood…All of Epstein’s particular discussions are instructive, and most of them are provocative…Epstein has written a passionate, learned, and committed book. * New Republic *[An] important and learned book. * Times Literary Supplement *The central mission of The Classical Liberal Constitution is to go against the grain of modern Supreme Court jurisprudence and much of the legal scholarship that has grown up around that body of work. The motivation for this argument should be apparent from the major disarray that infects every area of modern American life: steady decline in the average standard of living; constant battles over debt limits and fiscal cliffs; uncertainty over key elements of the tax structure; massive overregulation of the most productive sources in society (health care and financial services); government-inspired brinksmanship in labor negotiations; and runaway redistribution programs that undercut the economic production that makes these programs viable. All of these major programs could not have happened under the original constitutional structure, faithfully interpreted in light of changed circumstances. The confluence of these events cannot be dismissed as the result of random noise or simple mistakes. Rather, they are the ultimate consequence of the profound progressive break with the classical liberal tradition that was the guiding genius in the drafting and interpretation of the Constitution. * From the book *

Read more less

Book SynopsisFocuses on the state of liberty and shows how longstanding restraints against tyranny - and the rights of habeas corpus, trial by jury, and due process of law, and the prohibition of torture - are abridged. This book demonstrates how these ancient rights are laid aside when the greed of privatization and the ambition of empire seize a state.Trade Review"With a passion, eloquence and lyrical reverence for the hard-won freedoms of Old England that take the breath away." The Independent "The year's most lyrical and necessary book on liberty. The Magna Carta Manifesto is such a pleasure to read." -- John Nichols The Nation "Shows how restraints against tyranny are being abridged as rights once held inalienable are laid aside." Times Higher Education "Linebaugh should be commended for the impressive scope of his analysis." Insight TurkeyTable of ContentsIllustrations Preface 1. Introduction 2. Two Charters 3. The Commodity and the Commons 4. Charters Lost and Found 5. The Charters in Blackface and Whiteface 6. 1776 and Runnamede 7. The Law of the Jungle 8. Magna Carta and the U.S. Supreme Court 9. Icon and Idol 10. This Land Was Made by You and Me 11. The Constitution of the Commons 12. Conclusion Appendix 1. Magna Carta 2. The Charter of the Forest Glossary Further Reading Index

Read more less

Book SynopsisAs constitutional law globalizes, the quest for a common grammar or ''generic constitutional law'' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy''s predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for decidiTable of ContentsIntroduction ; 1. The Structure of the Proportionality Test ; 2. Rights, Interests, and Trumps ; 3. The Method of Balancing ; 4. Discretion and Deference ; 5. Positive Rights and Proportionality Analysis ; 6. Epistemic Reliabilities in Proportionality Analysis ; 7. Case Analysis: Otto-Preminger-Institut v Austria ; 8. Results

Read more less

Book Synopsis

Read more less

Book SynopsisThis landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law.Trade Review'A comprehensive index closes this overall impressive volume... all future studies in this field will be well advised to take advantage of the highly inspiring and thought-provoking articles collected in this volume.' --Manfred Stelzer, ZOER (Journal of Public Law)'This book is a research handbook on comparative constitutional law and contains a valuable compilation of articles on different aspects of this interesting topic. . . this is a valuable book that will assist those interested in putting the constitutional aspects of EU law in a wider comparative perspective. The extensive literature references included at the end of each article make the book a valuable starting point for those interested in a specific part of comparative constitutional law. At the same time many articles also provide relatively in-depth discussions of specific constitutional orders in itself.' --Nik de Boer, Common Market Law ReviewTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN AND REDESIGN 2. Drafting, Design and Gender Helen Irving 3. Participation in Constitutional Design Justin Blount 4. Transitional Justice and the Transformation of Constitutionalism Ruti Teitel 5. Constitutional Drafting and External Influence Zaid Al-Ali 6. Constitutional Amendment Rules: A Comparative Perspective Rosalind Dixon 7. Constitutional Endurance Tom Ginsburg PART II: CONSTITUTIONAL IDENTITY 8. The Formation of Constitutional Identities Gary J. Jacobsohn 9. Citizenship and the Boundaries of the Constitution Kim Rubenstein and Niamh Lenagh-Maguire 10. Comparative Constitutional Law and Indigenous Peoples: Canada, New Zealand and the USA Claire Charters 11. A New Global Constitutional Order? David Schneiderman PART III: CONSTITUTIONAL STRUCTURE 12. Legislative-Executive Relations José Antonio Cheibub and Fernando Limongi 13. The Separation of Legislative and Executive Powers Ronald J. Krotoszynski, Jr. 14. Political Parties and Constitutionalism Richard H. Pildes 15. The Rise of Specialized Constitutional Courts Victor Ferreres Comella 16. The Interplay of Constitutional and Ordinary Jurisdiction Frank I. Michelman 17. Constitutional Experimentation: Rethinking How a Bill of Rights Functions Janet L. Hiebert 18. The Rise of Weak-form Judicial Review Mark Tushnet 19. Constitutions and Emergency Regimes Oren Gross 20. Federalism, Devolution and Secession: From Classical to Post-conflict Federalism Sujit Choudhry and Nathan Hume PART IV: INDIVIDUAL RIGHTS AND STATE DUTIES 21. The Structure and Scope of Constitutional Rights Stephen Gardbaum 22. The Comparative Constitutional Law of Freedom of Expression Adrienne Stone 23. Comparative Constitutional Law and Religion Ran Hirschl 24. Autonomy, Dignity and Abortion Donald P. Kommers 25. Human Dignity in Constitutional Adjudication Paolo G. Carozza 26. Equality Kate O’Regan and Nick Friedman 27. The Right to Property Tom Allen 28. Socio-economic Rights: Has the Promise of Eradicating the Divide between First and Second Generation Rights Been Fulfilled? Dennis M. Davis 29. Comparative Constitutional Law and the Challenges of Terrorism Law Kent Roach 30. Legal Protection of Same-sex Partnerships and Comparative Constitutional Law Nicholas Bamforth PART V: COURTS AND CONSTITUTIONAL INTERPRETATION 31. Judicial Engagement with Comparative Law Cheryl Saunders 32. Constitutional Interpretation in Comparative Perspective: Comparing Judges or Courts? Vicki C. Jackson and Jamal Greene 33. Docket Control and the Success of Constitutional Courts David Fontana Index

Read more less

Book SynopsisBroken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation''s founding. Frank Pommersheim, one of America''s leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution''s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereigTable of ContentsPart One: The Early Encounter ; 1. Introduction: A New Challenge to Old Assumptions ; 2. Early Contact: From Colonial Encounters to the Article of Confederation ; 3. Second Opportunity: The Structure and Architecture of the Constitution ; 4. The Marshall Trilogy: Foundational but Not Fully Constitutional? ; 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime ; Part Two: Individual Indians and the Constitution ; 6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship ; 7. Indians and the First Amendment: The Illusion of Religious Freedom? ; Part Three: The Modern Encounter ; 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle ; 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty? ; 10. Conclusion: Imagination, Translation, and Constitutional Convergence

Read more less

Book SynopsisEve Was Framed offers an impassioned, personal critique of the British legal system. Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.Trade ReviewThis is a cogently argued examination of how the British legal system ignores, downgrades, underrates and discriminates against women-Kennedy has properly argued that a profession that practises law and pursues justice must be seen to be just, reasonable, unprejudiced, and open to public scrutiny. Bravissima! -- Julia Neuberger * Sunday Times *A powerful and authoritative polemic-brave, forceful and eloquent. It may even change things * Sunday Telegraph *A powerful and authoritative polemic-Kennedy cites precedents and incontrovertible evidence to show how a 'web of prejudice, privilege and misinformation affects women' in all their dealings with the law-brave, forceful and eloquent. It may even change things -- Jessica Mann * Sunday Telegraph *

Read more less

Book SynopsisThe 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 Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a test case that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

Read more less

Book SynopsisAn examination of the US constitution, providing an analysis from a legal perspective of the first six congresses constituting the federalist period. The book aims to establish that the Constitution was forged, not in the courts, but in the legislative and executive branches of government.

Read more less

Book SynopsisSelf-described populist leaders around the world are dismantling their nation''s constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren''t. Context and detail matter.Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its suspicion of institutions that are strongly entrenched against change by political majorities-is sometimes inconsistent with constitutionalism''s thinly understood definition.The book provides a series of case studies, some organized by nation, others by topic, to identify, more precisely, when and how populist programs are inconsistent with constitutionalism-and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority''s views without always threatening constitutionalism.Trade ReviewTushnet and Bugaric provide a series of case studies to identify when and how populist programs worldwide are inconsistent with constitutionalism and, importantly, when and how they are not. Concluding with a discussion of the possibilities for a deeper, populist democracy, they examine recent challenges to the idea that democracy is a good form of government by exploring possibilities for new, albeit revisable, institutions that can determine and implement a majority's views without always threatening constitutionalism. * Law & Social Inquiry *Defending constitutionalism may seem remote from the everyday experience of most lawyers in this country but if we can't - or won't - defend the rule of law, who will? Power to the People provides the tools to engage in a debate that is likely to define at least the first half of 21st-century constitutionalism. * Max D Winthrop, senior partner at Short Richardson & Forth, Newcastle, Law Society Gazette *Power to the People makes a compelling case for a more nuanced understanding of the relationship between populism and constitutionalism. The book is a useful corrective to work (including my own) that treats norm-breaking and constitutional hardball tactics as inherently problematic for liberal democracy." -Steven Levitsky, Harvard UniversityThis book provides a much-needed and refreshing perspective on populism and its relation to constitutionalism, avoiding the common mistake of casually dismissing or demonising populism, and seeking instead to shine a light on the vast array of populist programmes." -Michael Wilkinson, London School of Economics and Political ScienceThis book is so far the most promising comparative constitutional attempt to reconcile the complex relationship between populism and constitutionalism, without generalization." -Gábor Halmai, European University InstituteDisaggregating constitutionalism and populism, this magnificent study leaves behind the hasty diagnosis and prediction of others, bringing conceptual lucidity and comparative learning to renewed debate." -Samuel Moyn, Yale UniversityPower to the People helps readers think about today's constitutional troubles. It has become commonplace for scholars to blame "populism" for the rise of authoritarian and ethno-nationalist leaders and parties. But not every effort to empower ordinary citizens and unsettle entrenched elites is a step toward tyranny. Tushnet and Bugaric provide us with the tools and case studies to begin understanding the differences between changes that promote democracy and those that imperil it." -William E. Forbath, The University of Texas at Austin, School of LawChallenging conventional political and scholarly wisdom, Mark Tushnet and Bojan Bugaric make a powerful case that populism is the solution to rather than the cause of contemporary democratic ills. Power to the People details how authoritarians masquerading as populists are perverting an authentic form of democratic politics, and that the numerous populist reforms championed by the populist left throughout the globe are at least if not substantially more democratic than the contemporary constitutional status quo. Much handwringing on the crisis of constitutional democracy will need substantial reconsideration in light of this major work." -Mark Graber, University of Maryland, Francis King Carey School of LawTable of ContentsNote on Sources Introduction Part One: The Framework Chapter 1. What Is Constitutionalism? Chapter 2. What Is Populism? Chapter 3. Populism and Constitutionalism Part Two: Populism in Practice Chapter 4. Populist Authoritarianism: Hungary and Poland Chapter 5. The Problem of the Frankenstate Chapter 6. Populism in Western Europe Chapter 7. Southern Europe: Greece and Spain Chapter 8. Court- Packing or Court Reform?: Challenging Judicial Independence by Enhancing Accountability Chapter 9. Populism and Executive Power: Term Limits and Rule by Decree Chapter 10. Guardrails and Institutions Part Three: Constitutionalism After Populism Chapter 11. Rejecting Democracy Chapter 12. Power to the People: Empowered Democracy Epilogue

Read more less

Book SynopsisOffering 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.Trade ReviewAn ambitious and demanding book…What is most valuable in Revolutionary Constitutions is the sense of drama and detail in the history of constitutional construction…A considerable achievement…worth reading. -- Jeremy Waldron * London Review of Books *A robust defense of popular sovereignty as both constitutional ideal and practical possibility at a time when nominal democracies around the globe are slinking further away from anything like popular sovereignty…This is a work of bold theorizing and bolder faith (that is the best word for it) in the link between the people and the law, citizens and the state. -- Spencer Dew * Religious Studies Review *Bruce Ackerman’s Revolutionary Constitutions is a triumph. It enables the reader to appreciate the many complex factors that contribute to the legitimacy of constitutions and the creation of constitutionalism in a country. In doing so, Ackerman seamlessly navigates events, movements, and a range of charismatic constitutional personalities. He deftly discusses Nehru, Mandela, Ben-Gurion, and de Gaulle, amongst others, and their roles in the making or breaking of constitutional revolutions. -- Dr. Menaka Guruswamy, Advocate, Supreme Court of IndiaAfter changing how we think about the U.S. Constitution, Bruce Ackerman is doing the same for the rest of the world. This volume is a remarkable start for what is certain to become one of the most ambitious endeavors in constitutional scholarship: to understand the different beginnings of constitutionalism in the world. -- Miguel Poiares Maduro, European University InstituteFrom George Washington to Nelson Mandela, and from Ben-Gurion to Ayatollah Khomeini, Ackerman takes his theory of the central role of constitutional politics in the creation and evolution of constitutions into a comparativist sphere and offers a theory of how typical patterns in revolutionary history shape the diverse constitutional challenges and trajectories we see in the world today. A project of grand intellectual ambition and a fascinating read. -- Yochai Benkler, Harvard Law School

Read more less

Book SynopsisAmericans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.Trade ReviewFocuses on many of the structural and institutional issues that continue to consume us—including presidential powers, the role of Congress, and the use and abuse of originalist approaches to the Constitution—and in so doing raises questions that shine a light on today’s national debates…Gienapp’s study—intellectual history as textual exegesis at its best—offers a convincing and invaluable examination of the words and ideas that marked the evolution of the American constitutional imagination. -- Karen J. Greenberg * The Nation *Sophisticated…throws a wrench in the logic of judicial originalism by demonstrating the flexibility of the Constitution’s meaning during its first years. -- Nick Burns * The Spectator *The greatest innovation of the American Revolution was the idea of a written constitution as supreme fundamental law. But another truly significant development immediately followed the ratification of the Constitution: the equally innovative but deeply controversial invention of modes of constitutional interpretation. Jonathan Gienapp explores how this process unfolded, brilliantly explaining the search for the original meaning of the Constitution. -- Jack N. Rakove, author of A Politician Thinking: The Creative Mind of James MadisonThe Second Creation is a brilliant and timely intervention in American constitutional history. By showing how ‘original intentions’ originated in congressional debates about what the framers and ratifiers originally intended, Jonathan Gienapp forces us to take another long look at what we understand the Constitution to be. His innovative and persuasive study will revolutionize the way lawyers as well as scholars interpret the Founding era. -- Peter S. Onuf, coauthor of “Most Blessed of the Patriarchs”: Thomas Jefferson and the Empire of the ImaginationGienapp focuses our attention on the first decade of controversy over the remarkable new invention, a national constitution. His fascinating and provocative story—how these debates created and imagined the Constitution—is told with great mastery and drama. -- Mary Sarah Bilder, author of Madison’s Hand: Revising the Constitutional ConventionGienapp’s elegant reconstruction of the contested terrain of early American constitutional interpretation has wide-ranging implications for how we understand the earliest debates over the Constitution’s meaning. Gienapp offers fresh and thoughtful reinterpretations of several of the most important debates of this formative period of American constitutional development. -- Saul Cornell, author of A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

Read more less

Book Synopsis

Read more less

Book SynopsisBeloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers’ vision of the separation of powers.Trade ReviewThe modern presidency—inflated by Congress’s dereliction of its duties and armed with modern technologies of mass communication—has disrupted the Madisonian equilibrium of America’s constitutional architecture and weakened the rule of law. With this exquisitely timed book, Prakash explains how we arrived at today’s urgent need to ‘recage the executive lion.’ -- George F. Will, author of The Conservative SensibilityPrakash has given us a refreshingly balanced understanding of the illegitimate expansion of presidential power throughout American history. Explaining that the Founders may well have intended a ‘limited monarch,’ he effectively and colorfully repudiates the dangerous idea that presidents can add to their powers without limitation. The current assertions of presidential power are indeed, in Prakash’s words, ‘a funhouse-mirror version of the Founders’ presidency.’ -- Russ Feingold, former United States SenatorEverything this sort of book ought to be: it is smart, clear, full of important distinctions and thought-inducing observations, and has an unambiguous vision for how we ought to approach our constitutional framework. -- David Murphy * Open Letters Review *[A] trenchant debut on the subject of modern-day Oval Office overreach…Prakash chronicles the metastasis of presidential prerogatives over the past 50 years to encompass the almost untrammeled ability to declare war, make foreign policy, stop enforcing laws, and informally make new laws, all without constitutionally mandated congressional consent…A persuasive case against presidential usurpations—and for a more respectful reading of the Constitution. * Publishers Weekly *Couldn’t come at a better time…Prakash’s book is well-written, well-researched, and dead-on in walking the reader through the history of the American presidency…He puts the presidency within the broader parameters of culture and political institutions—something that many books on the presidency fail to do. -- Gary L. Gregg II * Law & Liberty *With his usual clarity and pith, Sai Prakash explains why both progressives and conservatives should be more principled, condemning not only the expansion of executive authority, but the seizure of new authorities by Congress and the judiciary as well. Whether or not you agree with all his proposed reforms, anyone concerned about the growth of unbridled executive power must read this book. -- Randy E. Barnett, author of Our Republican ConstitutionMany people imagine that free-form ‘living constitutionalism’ can be counted on to produce outcomes that they like. Sai Prakash’s The Living Presidency warns that this is a mistake: without fixed constitutional meaning, based on text and history, we have no defense against unwelcome changes, such as an all-powerful executive. Prakash has produced a powerful critique of the living Constitution. -- Michael W. McConnell, Director of the Constitutional Law Center at Stanford Law SchoolA timely and challenging overview of the development of the modern presidency. Although his primary criticisms are directed at devotees of a ‘living Constitution’ who countenance ‘informal’ constitutional amendment, he is also critical of purported ‘originalists’ who have embraced presidential overreach. One need not agree with all of his arguments in order to recognize that Prakash has made an important contribution to an ever-more-vital national discussion. -- Sanford Levinson, coauthor of Fault Lines in the ConstitutionA terrific book…As Prakash explains in detail, the modern president’s power has vastly expanded relative to the prevailing conceptions of the Founding era. -- Shalev Roisman * Lawfare *This excellent volume conveys important constitutional history and highlights major contemporary constitutional problems. * Choice *

Read more less

Book SynopsisThis original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.Trade Review‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘This excellent collection shines a bright light onto issues of method in public law research. It is a hugely useful and welcome contribution to the field, and is a “must-read” for anyone engaging seriously with the question of how we know what we think we know.’ -- Simon Halliday, University of Strathclyde, UKTable of ContentsContents: List of contributors vii 1 Introduction to Researching Public Law in Common Law Systems 1 Paul Daly and Joe Tomlinson PART I THE TRADITIONAL 2 History to Understand, and History to Reform, English Public Law 25 J.W.F. Allison 3 Interpretive Theory in Public Law 58 Farrah Ahmed and Adam Perry 4 Mapping Doctrinal Methods 70 Jason NE Varuhas PART II THE INSTITUTIONAL 5 Researching Public Law and the Administrative State 105 Paul Daly and Joe Tomlinson 6 Public Law and Legislative Studies 118 Louise Thompson 7 Studying Judicial Decision-making 136 Emmett Macfarlane PART III THE TECHNICAL 8 Comparative Public Law 151 Theunis Roux 9 Mapping the Theoretical Turn in British Public Law Scholarship 175 Samuel Tschorne and Martin Loughlin vi Researching public law in common law systems 10 Public Law and Empirical Legal Research 207 Sarah Nason PART IV THE CRITICAL 11 Marxism and Public Law 231 Paul O’Connell 12 But Interrupting the Flow … Socio-Legal Approaches to Public Law 251 Helen Carr and Ed Kirton Darling 13 Public Law in Indigenous Contexts: Indigenous Law in the Contexts of Public Law 270 Janna Promislow Index 294

Read more less

Book SynopsisThis book investigates how to determine the substantive content of the legal obligations of corporations both to avoid harming fundamental rights and to contribute towards realising them. In doing so it outlines a multi-factoral approach for determining such obligations and proposes legal and institutional reforms nationally and internationally.Trade Review'A deeply thoughtful and powerful argument is made in this book that corporations do have legal obligations for their human rights impacts and that decision-makers should act on this. It draws on the author's profound conceptual knowledge and innovative reasoning to offer persuasive and insightful approaches to these important issues. A pleasure to read.' Robert McCorquodale, University of Nottingham'Bilchitz brilliantly weaves theory and reality into a compelling assessment of corporate obligations for fundamental rights. This nuanced and comprehensive coalescence of law and theory on corporate obligations for fundamental rights is set to be the new epicentre around which the business and human rights discourse will oscillate for decades to come.' Bonita Meyersfeld, Professor at Wits Law School in Johannesburg, South Africa'This is a highly timely and important contribution to the debate about the human rights obligations owed by companies. Hitherto, relatively little has been said about how we are to determine those obligations in law. This book fills that gap admirably. Covering a wide range of relevant issues, David Bilchitz offers us a deeply reasoned way forward. The book is a road map of how to reform the law to allow for greater human rights accountability for corporations. It is bound to provoke debate for a long time to come and to stimulate reform ideas. A magisterial effort.' Peter Muchlinski, Emeritus Professor of Commercial Law, The School of Oriental and African Studies, University of London'This book offers an original 'multi-factoral' analytical model to determine contours of the fundamental rights obligations of corporations and proposes ways to operationalize these obligations at national and international levels. Bilchitz's analysis not only fills gaps but also challenges several dominant narratives in the business and human rights field.' Surya Deva, Professor, Macquarie Law School, SydneyTable of Contents1. The Nature and Purpose of the Corporation in Law; Part I: Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights: 2. The State Duty to Protect Model; 3. The Indirect Application Model; 4. The Expanding the State Model; 5. The Direct Obligations Model; Part II: Towards a Multi-Factoral Model for Determining the Substantive Content of Corporate Obligations: 6. The Justification for and Contours of a Multi-Factoral Approach; 7. A Balancing Act – Proportionality in the Corporate Sphere; 8: The Multi-Factoral Model and Positive Obligations for Corporations; Part III: The Institutional Implications of the Multi-Factoral Model; 9: Embedding the Multi-Factoral Model in Corporations: The Role of Corporate Law; 10: Corporate Obligations in a Global World: The Role of International Mechanisms.

Read more less

Book SynopsisThis timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies‚Äô soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA‚Äôs existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‚Äòhard‚Äô effect of these soft laws.Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA‚Äôs soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns.Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA‚Äôs soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.Trade Review‚ÄòVan Rijsbergen makes a crucial contribution to the research on EU agencies and EU soft law. Adopting a much-needed empirical approach, her book makes important recommendations allowing a balance to be struck between legitimacy and effectiveness in soft-law making and application. As the field is currently subject to increasing litigation, the book is a must read not only for academics, but also for policy-makers, administrators, judges, and lawyers at all levels of governance.‚Äô -- ‚Äì Oana Stefan, Kings College London, UK‚ÄòThis book provides unique insights into the role soft rule-making plays within the framework of one of the most important EU regulatory agencies. It offers an in-depth and comprehensive study of this role at the decision-making, transposition, implementation and enforcement levels, drawing on findings gained by the author in ESMA‚Äôs daily practice. It presents highly relevant conclusions surrounding the current balance of effectiveness gains and legitimacy concerns regarding increased soft law-making within ESMA, making recommendations for improvement.‚Äô -- ‚Äì Linda Senden, Utrecht University, the NetherlandsTable of ContentsContents: 1. Setting the scene 2. Guiding principles for EU agencies’ soft law-making 3. Defining the legal basis for ESMA’s soft law-making powers 4. Initiation of ESMA’s soft law-making powers 5. ESMA’s decision-making process 6. Transparency with regard to ESMA’s soft law instruments 7. Transposition of ESMA’s soft law instruments 8. Compliance with ESMA’s soft law instruments 9. Enforcing ESMA’s soft law instruments vis-à-vis national authorities 10. Reviewing ESMA’s soft law instruments 11. Conclusions and recommendation Bibliography Index

Read more less

Book Synopsis

Read more less

Book SynopsisA brilliant book' Alastair Campbell, The Rest is Politics''The essential, must-read insider account of the West's cat and mouse economic warfare against Russia and how it is changing the face of global trade. Magisterial and gripping' Catherine BeltonA brilliant, engagingly written and timely book' Owen MatthewsA very good book' Mark GaleottiUndeterred by eight years of timid US sanctions, Vladimir Putin ordered his full-scale assault on Ukraine on 24 February 2022. In the hours that followed, Western leaders weaponized economic tools in a world-changing financial experiment. The goal was to sap the strength of Putin's war machine by damaging its economy, without risking a global recession in the process.In Punishing Putin, veteran journalist Stephanie Baker uncovers how this furious financial war has unfolded, from seizing superyachts to manipulating the global price of oil to blocking the sale of military technology. Baker reveals how the West mobilized an army of white-collar-crime investigators to crack down on illicit Russian money, targeting oligarchs and their enablers for sanctions evasion.Filled with propulsive, fly-on-the-wall details, Punishing Putin takes us into the frantic backroom deliberations that led to a whole new era of economic statecraft and radically rearranged global alliances, influencing world order for generations to come.

Read more less

Book SynopsisThe second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decision making. This edition of The Law of American State Constitutions remains an important analytical tool that explains the unique character and the range of interpretive approaches to these constitutions. It covers the structure of state governments under state constitutions as well as the distributioTable of ContentsIntroduction I - State Constitutions in American Constitutional Federalism Chapter 1. The Other American Constitutions Chapter 2. The Pre-Federal

Read more less

Book Synopsis

Read more less

Book SynopsisA New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influeTrade Review"Graber's careful organization of his material provides a foundation in political theory that lends context to discussions of specific constitutional issues. [T]his book makes a valuable contribution to the study of American constitutionalism." -Robert N. Clark, Law Library JournalTable of ContentsPreface ; 1. Introduction to American Constitutionalism ; A. Basic Constitutional Questions ; B. Identifying Basic Constitutional Questions ; C. Thinking About Basic Constitutional Questions ; 2. What is a Constitution? ; A. Classical Constitutionalism ; B. Modern Constitutionalism ; C. Contemporary Constitutionalism ; 3. Constitutional Purposes ; A. Constitutionalism and Democracy: The Dead Hand Problem ; B. Basic Constitutional Purposes ; C. American Constitutional Purposes ; D. The Virtues and Vices of Constitutionalism ; 4. Constitutional Interpretation ; A. The Living Constitution and Its Discontents ; B. Constitutional Arguments ; C. Constitutional Interpretation and Constitutional Purposes ; D. The Politics of Constitutional Argument ; 5. Constitutional Authority ; A. The Counter-Majoritarian Difficulty, Judicial Activism and Judicial Restraint ; B. Allocating Constitutional Authority ; C. Sharing Constitutional Authority ; D. The Politics of Shared Constitutional Authority ; E. Shared Constitutional Authority as Politics, Law, and Constitutionalism ; F. The Politics of Constitutional Argument ; 6. Constitutional Change ; A. Formal Constitutional Change ; B. Semi-Formal Constitutional Change ; C. Informal Constitutional Change ; D. The Law and Politics of Constitutional Change ; 7. American Constitutionalism in Global Perspective ; A. Foreign Policy: Two Constitutions? ; B. Comparative Constitutionalism: Universal or Particular ; C. A Higher Law? International Law and the Constitution ; D. The Particular and Universal Revisited ; 8. How Constitutions Work ; A. Of Cheeseburgers and Constitutions ; B. Constitutions as Constraining Politics ; C. Constitutions as Constructing Politics ; D. Constitutions as Constituting Politics ; E. The Self-Enforcing Constitution ; F. When Constitutions Do Not Work ; G. One Last Crisis

Read more less

Book Synopsis''A nation without a national government is an awful spectacle.''In the winter of 1787-8 a series of eighty-five essays appeared in the New York press; the purpose of the essays was to persuade the citizens of New York State to ratify the Constitution of the United States. The three authors - Alexander Hamilton, James Madison, and John Jay - were respectively the first Secretary of the Treasury, the fourth President, and the first Chief Justice of the Supreme Court in American history. Each had played a crucial role in the events of the American Revolution; together they were convinced of the need to weld thirteen disparate and newly-independent states into a union. Their essays make the case for a new and united nation, governed under a written Constitution that endures to this day.The Federalist Papers are an indispensable guide to the intentions of the founding fathers who created the United States, and a canonical text in the development of western political thought. This new edition pays full attention to the classical learning of their authors and the historical examples they deploy. ABOUT THE SERIES: For over 100 years Oxford World''s Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford''s commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.Trade ReviewAdmirable introduction...Oxford University Press is to be congratulated on adding it to its collection of World's Classics. * Howard Temperley, TLS *

Read more less

Book SynopsisWith new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.Trade ReviewThis book has been a must and a classic in EU law scholarship since the first edition 1999. This third edition is not only updated to the latest developments in written law and jurisprudence, it includes new chapters on the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and the Evolution of Data Law – including Artificial Intelligence. With 27 contributors from different European countries the book gives not only constant food for thought, it offers a very comprehensive knowledge base on institutional and substantive law as well as legal theory issues. A tour de force of breadth, depth and expertise. * Jacques Ziller, Professor of EU law, Universities of Pavia, Italy, and Paris-1 Panthéon-Sorbonne, France *This book is a logical – and almost necessary – "further reading" for anybody educated in EU law by Paul Craig and Gráinne De Búrca's widely-used textbook. Seasoned practitioners and academics should read it as well, however, as it provides an authoritative guide to the discipline, which has evolved dramatically since the previous edition was published. All crises and challenges to the EU and its legal order are covered, together with more traditional topics concerning the key areas of EU law. Written by a balanced mix of theory- and practice-oriented scholars, of both the younger and older generation, this book will continue to be a standard reference point for anybody who wants to understand EU law. * Jan Komárek, Professor of EU law, University of Copenhagen, Denmark *This important collection of essays on the continuing 'evolution' of EU law reaches us at a time of intensive reflection on the European Union. The ambition of the book reflects both the extraordinary span of EU legal development over the past decade and the challenging wider context within which it has happened, imprinted with the urgency produced by recurring instances of crisis. Each contribution provides, on its own, rich coverage of and insights into specific sectors or themes. Cohering all of these perspectives within one resource is the editors' impressive achievement. * Niamh Nic Shuibhne, Professor of European Union Law, School of Law, University of Edinburgh, UK *This long-awaited third edition comes at a critical time for the European Union and EU law scholarship: never has a historical and evolutionary perspective been more important in explaining the origins and purposes of the Union as well as where the Union is and ought to be going. The "Evolution of EU Law" here offers an invaluable compass that masterfully guides its readers through the deep and often tumultuous waters of the Union's constitutional and substantive law. * Robert Schütze, Professor of European and Comparative Law, Durham University, UK and Luiss, Rome, Italy *Review from previous edition This is a serious, comprehensive exploration of the understanding of EU law as it has developed. * Edward Kirke, Liverpool John Moores University *This volume, like many books of its kind, poses more questions than it has answers for, but the answers it suggests are crucial, seminal and riveting to anyone interested in why a nation or a corporate body has a constitution. ... the editors have done a masterly job in weaving together crucial research and opinion on such issues as comitology, delegated agencies, tertiary structures in general and the enumeration and control of them. The heavy intellectualism of this book should not obscure the luminosity of its arguments, which, after all, remain easy to understand. * Michael L Nash, Contemporary Review, December 1999 Page 322 *...an excellent collection of strong and thought-provoking contributions...an extremely accessible account of the story of EU law. * T.K. Hervey, University of Nottingham, European Public Law *Table of Contents1: Paul Craig and Gráinne de Búrca: Introduction 2: Paul Craig: Integration, Democracy and Legitimacy 3: Paul Craig: Institutions, Power and Institutional Balance 4: Neil Walker: Legal and Constitutional Theory of the European Union 5: Edoardo Chiti: The Agencification Process and the Evolution of the EU Administrative System 6: Kieran Bradley: Judicial Reform and the European Court: Not a Numbers Game 7: Bruno de Witte: Direct Effect, Primacy and the Nature of the Legal Order 8: Catherine Donnelly: Preliminary Rulings and EU Legal Integration: Evolution and Continuity 9: Francesca Episcopo: The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing Union Law before the National Courts 10: Laurent Pech: The Rule of Law 11: Joana Mendes and Edoardo Chiti: The Evolution of EU Administrative Law 12: Deirdre Curtin: From a Europe of Bits and Pieces to a Union of Variegated Differentiation 13: Kenneth Armstrong: (Br)Exit from the EU-Control, Autonomy and the Evolution of EU Law 14: Marise Cremona: External Relations of the European Union: The Constitutional Framework for International Action 15: Gráinne de Búrca: The Evolution of EU Human Rights Law 16: Siofra O'Leary and Sara Iglesias Sánchez: Free Movement of Persons, Establishment and Services 17: Stefan Enchelmaier: Free Movement of Goods: Evolution and Intelligent Design in the Foundations of the European Union 18: Jukka Snell: Free Movement of Capital: Evolution as a Non-Linear Process 19: Jo Shaw: Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism 20: Mark Bell: EU Anti-Discrimination Law: Navigating Sameness and Difference 21: Catherine Barnard: EU 'Social' Policy: From Employment Law to Labour Market Reform 22: Alicia Hinarejos: Economic and Monetary Union: Evolution and Conflict 23: Steve Peers: EU Criminal Law and Police Cooperation 24: Eva Storskrubb: Civil Justice Extending its Tentacles 25: Lilian Tsourdi and Cathryn Costello: The Evolution of EU Law on Refugees and Asylum 26: Imelda Maher: Competition Law: Convergence through Law and Networks 27: Liz Fisher: EU Environmental Law and Legal Imagination 28: Stephen Weatherill: Consumer Policy 29: Thomas Streinz: The Evolution of European Data Law

Read more less

Book SynopsisConstitutional and Administrative Law is a clear and concise text which allows students to easily get to the heart of the subject.Table of ContentsPart I: Fundamental Principles of the Constitution 1: The meaning of a constitution 2: Separation of powers 3: Rule of law 4: The legislative supremacy of Parliament Part II: The Institutional Framework of the Constitution 5: Parliament 6: The European Union 7: The structure of the United Kingdom and devolution Part III: Sources of the Constitution 8: Primary and secondary legislation 9: EU law 10: Constitutional conventions 11: Judge-made law 12: The royal prerogative Part IV: Judicial Review of Administrative Action 13: The nature of judicial review 14: The grounds for judicial review 15: Judicial review remedies Part V: Alternative Means of Redress 16: Tribunals, inquiries, and the ombudsmen remedy Part VI: Civil Liberties 17: Freedoms and liberties in the United Kingdom 18: Freedom of expression 19: Police powers 20: Freedom of assembly and public order

Read more less

Book SynopsisThe market-leading public law text: uses three key themes to tie the subject together with style and flair. The authors capture the dynamic nature of public law, covering essential topics and key contemporary debates, as well as offering fascinating insights.- Fresh, direct and clear writing style enables thorough understanding of the fundamentals, while engaging readers with difficult issues and debates- Three key themes guide students through the book - the importance of executive accountability, the shift from political to legal constitutionalism, and multilayered governance - demonstrating the interlinking strands of public law- Practical examples illustrate the importance of public law to everyday life in the UK and discussion questions encourage students to consider contentious issues- Expert commentaries at the end of every chapter allow students to see the debates within each topic first-hand- Also available as an e-book and on Law Trove enhanced with self-test questions and au

Read more less

Book SynopsisPublic Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law by exploring how the law works in practice. The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles into concise, focused prose, and they encourage reflection through regular questions and hypothetical examples. This leading text provides students with a thorough and wide-ranging knowledge of public law, together with a full understanding of the theoretical and political debates in this fascinating and dynamic area of law. Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources that support the book include multiple-choice questions with answer feedback for students to test their understandingTable of ContentsPart I: Constitutional Fundamentals 1: Introduction to constitutional fundamentals 2: The constitutional rulebook 3: The legislative supremacy of the UK Parliament 4: The rule of law 5: Separating and balancing powers 6: Devolution Part II: Executive Functions 7: Introduction to executive functions 8: Government 9: Accountability 10: Prerogative powers Part III: Legislative Functions 11: Introduction to legislative functions 12: Primary legislation 13: Delegated legislation Part IV: Judicial and Dispute Resolution Functions 14: Introduction to judicial and dispute resolution functions 15: The judiciary 16: Administrative justice: tribunals and ombuds 17: Judicial review 1: The importance and role of judicial review 18: Judicial review 2: Procedural fairness and legitimate expectation 19: Judicial review 3: Exclusion and limitation of judicial review 20: Protecting rights: Using human rights in the United Kingdom courts 21: Protecting human rights case studies: School uniforms, terrorism, and prisoner voting Part V: The European Union 22: Institutions of the European Union 23: Joining and leaving the European Union

Read more less

Book SynopsisExceptionally clear and incisive, Administrative Law is the essential guide to understanding this challenging area of the law. The author uses a variety of learning features to make complex points accessible and also to encourage reflection and debate. Chapters start with a ''look for'' section which outlines the key ideas in each chapter, pop quizzes appear throughout, and each chapter is wrapped up with a ''take home message'', critical questions, and a list of further reading.Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include notes on key cases and legislation, guidance on answering the questions in the text, and a guide for lecturers on possible ways ofTrade ReviewReview from previous edition I really like this book. It has an impressive level of detail and yet is still accessible for students. It has good coverage and examples. I also really like the pedagogical features and think students would benefit from them. * David Barrett, Lecturer in Law, University of Exeter *One of the most authoritative books in administrative law * Theodore Konstadinides, Professor of Law, University of Essex *The structure is excellent and the book is engaging and accessible. To me this textbook sets a benchmark for administrative law. * Sophie Doherty, Assistant Professor in Law, Dublin City University *Table of ContentsPart I: Introduction 1: Administration and the principles of the constitution 2: The rule of law and the rule of judges 3: Convention rights and administrative law Part II: Process 4: Due process 5: Impartiality and independence 6: Reasons: process and substance Part III: Substance 7: Discretion and deference 8: Substantive fairness 9: Errors of law and control of fact-finding Part IV: Litigation 10: How to sue the government: judicial processes and judicial remedies 11: Standing: litigation and the public interest Part V: Administrative Justice 12: Tribunals 13: Ombudsmen Part VI: Private Law and Public Authorities 14: Torts 15: Contracts

Read more less

Book SynopsisAbusive Constitutional Borrowing outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.Trade ReviewDixon and Landau document the extent to which autocratic leaders have figured out how to convert independent courts and written rights guarantees into tools for consolidating power, repressing the opposition, and sidelining minorities. They support this account with a remarkable range of empirical examples, drawn from virtually all regions of the constitutional world. * Thomas M. Keck, Law & Social Inquiry *Table of Contents1: Introduction: A Dark Side of Comparative Constitutional Law 2: Democracy and Abusive Constitutional Change 3: The Concept and Scope of Abusive Constitutional Borrowing 4: The Abuse of Constitutional Rights 5: Abusive Judicial Review 6: The Abuse of Constituent Power 7: The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review 8: Can Abusive Borrowing Be Stopped?

Read more less

Trade ReviewDecision combines the scholar's meticulous research with the journalist's instinct for reporting. A reader feels like a witness to the exercise of the best legal minds on the Court (and of those that sometimes fell short). In the end, this book is a reassuring picture of those who wield unreviewable power. * Marcia Coyle, The New York Times Book Review *This fascinating book shows how the major decisions of the Supreme Court came to be, including Roe v. Wade.... In all, a terrific primer on the Supreme Court, the true lawgivers of the republic. * Booklist *Shows that the justices...make law through a much more collaborative and less individualistic process than is generally assumed.... Reading about the justices' foibles and personality conflicts is all the more entertaining given the veil of secrecy behind which they normally work.... Thoughtful and illuminating. * Kirkus Reviews *While Supreme Court decisions determine the rights of all individuals and the powers of all government officials, the Court's deliberations and actions that lead to these vitally important decisions are largely shielded from public view. By shedding valuable light on the Court's behind-the-scenes workings, Decision should enrich public understanding and support of our constitutional liberties and the Justices who uphold them. * Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School *Privy to heretofore unrevealed internal memoranda, Professor Bernard Schwartz has produced a remarkable scholarly analysis of Supreme Court practice and the thought processes of past and present justices who have been at the helm of our nation's judiciary. * Stanley Mosk, Justice, Supreme Court of California *Arguably the leading Supreme Court scholar of the day. * Supreme Court Historical Society Quarterly *

Read more less

Book SynopsisThis collection of 12 original essays brings together two themes of American culture - law and race. Cases discussed include Amistad, Dred Scott, Regents v. Bakke and O.J. Simpson.Trade Review"Overall, Gordon-Reed had compiled a fascinating collection by impressive scholars on important racially-oriented trials" Daniel Lipson, Law and Politics Book Review"Together, the twelve cases in Race on Trial cover a long span of U.S legal history, anf the authors provide fascinating biographies of the litigants behind the court cases" Daniel Lipson, Law and Politics Book Review

Read more less

Book SynopsisIn The Rehnquist Court and the Constitution, Tinsley Yarbrough provides a comprehensive look at today''s Supreme Court Justices and their record--a study all the more valuable for the Court''s mixed decisions and hard-to-categorize course. An accomplished biographer, Yarbrough offers incisive portraits of the nine who now sit on the high bench, and tellingly reviews their nomination hearings. He also explores the workings of the Court, ranging from the selection and role of the clerks to the work load (including the end-of-term June crunch) and assignment of opinions. But the heart of the book is a systematic exploration of the Court''s record in such fields as government power, economic regulation, and criminal justice. In decision after decision, the author discusses the various justices'' opinions, arguments, and legal theories; he also offers his own analysis (including a sharp critique of the decision to allow the Paula Jones lawsuit to move forward). Like many writers on the RehTrade Review"Meticulously researched, expertly analyzed, and written clearly and comprehensively, this book has captured the essence of the universe of the Rehnquist Court and its Justices. One of the country's foremost judicial biographers, Yarbrough has succeeded admirably in presenting and evaluating that tribunal's record in learned, objective, no-nonsense compass. It is a splendid work."--Henry J. Abraham, James Hart Professor of Government and Foreign Affairs, Emeritus, University of Virginia"Tinsley Yarbrough adds to his already impressive list of Supreme Court 'biographies this compelling study of Chief Justice William H. Rehnquist and his colleagues. Like his previous books, this new one is a model of scholarship, rooted as it is in the best sources and balanced as it is in its approach to not only Chief Justice Rehnquist but to the complex and highly competitive justices who make the nation's constitutional law. We are fortunate to have a scholar of Yarbrough's good judgment, clear intelligence, and fine writing skills to help us fix the Court in the larger universe of Ronald Reagan and his legacy of a thoroughly conservative federal judiciary."--Kermit L. Hall, Provost and Vice Chancellor for Academic Affairs and Professor of History, North Carolina State University"In this timely study a mature scholar weights the successes and failures of conservative attempts to 'Reaganize' the Supreme Court and constitutional law. Yarbrough's mixed balance sheet is fair-minded, succinct, insightful, and laced with fresh detail. Highly recommended to students, teachers, and general readers alike." --J. Woodford Howard, Jr., Thomas P. Stran Professor Emeritus of Political Science, The Johns Hopkins University"The Supreme Court may be an issue in the presidential election: seven of the justices were named by Republicans; just two by a Democrat. Since the next president may nominate several, this analysis of the Rehnquist Cousrt is timely."--Booklist"This is one of the most thorough and incisive guides to date on the thinking and deliberative process of the Supreme Court under Chief Justice William Rehnquist."--Publishers Weekly"Yarbrough, author of widely respected earlier works on the Supreme Court, has produces another outstanding volume that belongs on the bookshelf of all Court observers. In this case, Yarbrough offers astute analysis and cogent criticism of the High Court under the chief justiceship of William H. Rehnquist, who was appointed to the bench by President Nixon and elevated to the position of Chief Justice by President Reagan.... If one were to read a single work on the Rehnquist Court to this point, one should look no further than this fine, persuasive volume."--Library Journal

Read more less

Trade Review"In his typically provocative style, George Fletcher brilliantly evokes the true lessons of the Second American Revolution-the Civil War, the Gettysburg Address, and the post-bellum commitment to equality. No one who cares about racial justice, constitutional justice, or American history can afford to miss this beautifully written and persuasive revision of our traditional understanding of the Constitution."-Alan M. Dershowitz, Harvard Law School"This brilliant essay confronts our constitutional legacy, and vividly reveals the challenges involved in redeeming its promises for a new generation."-Bruce Ackerman, author of We the People"A provocative meditation on the Constitution that emerged from the redemptive experience of the Civil War.... His discussions of voting rights, education, affirmative action, victims' rights, and the constitutional grounding of a positive government are insightful and thought-provoking."-Mark Tushnet, Georgetown University Law Center"With subtlety and coherence, Fletcher presents a lively critique of constitutional law."-Publishers Weekly"Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."-The Denver Post

Read more less

Book SynopsisThe Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for public use. Covering the entire history of propertTrade ReviewAcclaim for previous editions "An informative and balanced account of the history of property rights protections under the Constitution. * The American Journal of Legal History *Acclaim for previous editions "This slender volume should serve well on reading lists both in introductory American history courses and in upper-division legal history or constitutional law courses. * The American Historical Review *Acclaim for previous editions "Greatly clarifies the pivotal place of private property in the American system. Through a sophisticated historical analysis, Ely illuminates two recurring issues of great importance: the constitutional limits on government regulation of property and the complex relationship between property ownership and individual liberty. * Norman Dorsen, New York University School of Law *Acclaim for previous editions "A wonderfully compact odyssey through the history of constitutional protection for property rights in this country. Tracing the winding evolution of Supreme Court decisions that affected the uses and enjoyment of property, as well as the government's attempts to regulate the same, Ely constructs a comprehensive, yet surprisingly readable examination of the issues. * The Journal of Southern History *Table of ContentsEditor's Preface ; Preface ; Introduction ; 1. The Origins of Property Rights: The Colonial Period ; 2. The Revolutionary Era, 1765-1787 ; 3. "Property Must Be Secured": Establishing a New Constitutional Order ; 4. The Development of Property Rights in the Antebellum Era, 1791-1861 ; 5. The Gilded Age and the Challenge of Industrialization ; 6. Progressive Reform and Judicial Conservatism, 1900-1932 ; 7. The New Deal and the Demise of Laissez-Faire Constitutionalism ; 8. Property Rights and the Regulatory State ; 9. Epilogue ; Notes ; Bibliographical Essay ; Index of Cases ; Index

Read more less

Book SynopsisMeasuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker''s disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants'' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative activism of recent justices on the Court. Stefanie LindquisTrade Review"Measuring Judicial Activism is a serious, scholarly work that nearly all academic law libraries will want to purchase." -- Law Library Review "Lindquist and Cross seek to move beyond subjective debates about judicial activism on the US Supreme Court by conceptualizing activism in nonideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic techniques. Examining the Court's exercise of judicial review to invalidate legislative and executive action and the justices' willingness to expand the Court's power by granting litigants increased access to the courts, they assess the relative activism of recent justices on the Court." --Law & Social Inquiry, Fall 2009Table of Contentsn/a

Read more less

Book SynopsisIn The Living Constitution (part of the Inalienable Rights book series) acclaimed constitutional scholar David Strauss argues that these two approaches are reconcilable.Trade Review"If David Strauss's marvelous book doesn't convince Justice Scalia to accept rather than abhor the idea of a living constitution, nothing will." --William Wargo, The Vermont Bar Journal "Writing in prose that laymen will find lucid and inviting, Strauss makes the usually fuzzy idea of a living Constitution rigorous and substantive."--Publishers Weekly "Succinct and elegant"--Steve Chapman, Chicago Tribune "Strauss keeps a low public profile but legal scholars know him to be a first-class mind. This book, written for the general reader, shows that he is also a master stylist, whose prose is Orwellian in the good sense: clear as a pane of glass."--The New Republic "Whatever one may think of these issues, it is clear that Strauss has provided a great service to both academics and the general reading public. He has produced a short, accessible, well-written, thoughtful, and incisive defense of living constitutionalism, one which can also serve as a valuable introduction to foundational debates about the nature of constitutional interpretation."--The Law & Politics Book Review "Timely and important...a novel and creative contribution to the ongoing debate about the nature of the U.S. Constitution, and will influence the dialogue for years to come."--Harvard Law Review "I regard The Living Constitution to be a tremendous success. It deserves to be widely read by students, lay people, and specialists."--Notre Dame Philosophical ReviewsTable of ContentsIntroduction: Do We Want A Living Constitution? 1. Originalism and Its Sins 2. The Common Law 3. Freedom of Speech and the Living Constitution 4. Brown v. Board of Education and Innovation in the Living Constitution 5. Common Ground and Jefferson's Problem 6. Constitutional Amendments and the Living Constitution

Read more less

Book SynopsisIn order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. Getting the Government America Deserve articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserve analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Trade Review"Government ethics is an area of the law that is not written about by legal academics and lawyers as much as it should be; it influences everything from how billions of dollars of taxpayer money are spent, to who gets top political appointments and whether this country is at war or at peace. Richard Painter offers concrete ideas for distancing government officials from lobbyists, campaign fundraisers, trade associations and other special interests that can easily drown out the voices of ordinary Americans. His experience includes being the chief White House ethics officer during one of the most challenging times in our recent history. His book has an intriguing set of proposals to address issues that are critical for our country's future. He addresses root causes of corruption in today's government while recognizing that many people in public life want to serve the public rather than special interests." -Walter Mondale, 42nd Vice President of the United States "Getting the Government America Deserves offers a comprehensive analysis and overview of ethics in government in early twenty-first century America. Melding practical experience at the highest levels and the knowledge and perspective gained from years of researching and teaching in the area, Painter provides a thoughtful perspective on crucial questions of accountability, transparency, and integrity in government. This is an original and important contribution that should be of interest to policymakers, attorneys, scholars, teachers, and anyone else who is concerned with how society should regulate the conduct of high-level government officials." -Geoffrey P. Miller, New York University School of Law "Everyone is in favor of ethics, and particularly ethics in government. But once we move from the abstract to the concrete, agreement fades. Professor Richard Painter is in a unique position to contribute to the debate. He is a law professor, the author of several articles, and a book on legal ethics. He was instrumental in persuading Congress to require any lawyer who represents a corporation to report known fraud up the ladder to senior management, and if that does not work, to the client's board of directors. And, he was former ethics counsel for President George W. Bush. His new book, Getting the Government America Deserves, gives us an inside look at how President Bush dealt with issues of government ethics and what President Obama can learn from that experience. This is the book that every well-informed citizen should read. Professor Painter offers substantial concrete proposals to clean up corruption in Washington." l-Ronald D. Rotunda, Chapman University School of LawTable of ContentsChapter 1 ; Government Ethics Rules That Don't Work When We Need Them, Rules We Have That We Do Not Need, And Rules We Need But Don't Have At All ; Gifts and Travel ; Financial Disclosure ; Financial Conflicts of Interest ; Insider Trading ; Covered Relationships and the Impartiality Rule ; The Revolving Door ; Odd Ball Ethics Rules the Executive Branch does not need but Congress thinks it does ; Congress's Rules for Itself - Stringency or Hypocrisy? ; The Rules ; The Honest Leadership and Open Government Act ; Can there be better rules? ; Chapter 2 ; Implementation and Enforcement of Government Ethics Rules - How Big are the Gaps in the System? ; Sex, Drugs, and Rock and Roll - and Matters of Money and Revolving Doors - in Clearing the President's Nominees ; Ethics Training, Monitoring and Enforcement at the Agency Level ; The Office of Government Ethics - An Overworked and Underappreciated Agency ; Inspectors General. Does the White House need one? ; Special Government Employees ; Outsourcing Government Functions - but not Ethics - to Private Contractors ; Chapter3 ; Bagmen in Black Tie or Professional Intermediaries - The Growth of Lobbying and Prospects for Reform ; A Short History ; The Influence of Lobbyists ; K-Street Society on the banks of the Potomac ; Use and Abuse of K Street's Power ; Why the disclosure regime is inadequate and why we need substantive regulation of lobbyists ; Chapter 4 ; Off the Books Lobbying, Electioneering and the Special Purpose Entities that Do It ; Think tanks ; Public Policy Groups ; Legal Policy Groups ; Single Issue Advocacy Groups ; Foreign Governments, Their Friends and Enemies ; Foreign Policy Advocacy Organizations ; Religious Advocacy Groups ; Trade and Industry Associations ; 501c(4) Organizations and 527s ; The Overall Impact of Washington's Special Purpose Entities ; Chapter 5 ; The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials ; Chapter 6 ; Building a Bridge to Somewhere - A Perspective on the Cost of Earmarks from the Banks of the Mississippi ; Chapter 7 ; Campaign Finance - The Elephant and Donkey in the Room ; Chapter 8 ; Beyond Ethics and Back - What is Wrong with Government Decision Making? ; Ethics Officials' Scope of Authority is too Narrow ; Government Lawyering is sometimes Excessively Political and Insufficiently Objective ; No Matter how Many Times they Make the Same Mistake, Government Officials Still Succumb to the Psychology of the Cover-up ; Afterword ; Index

Read more less

Book Synopsis

Read more less

Book SynopsisTrade ReviewThis boldly revisionist history of FDR's effort to 'pack' the Supreme Court could not be more timely or relevant. Laura Kalman, one of the country's most important legal historians, offers a spellbinding exploration of the realm where law and politics met in 1937-and where, with the stakes as high as ever, they still meet today. * Linda Greenhouse, Yale Law School *By writing from the perspectives of the players, especially FDR, Laura Kalman casts much new light on an episode-the Court-packing plan-that many of us falsely believe we know all about. She writes vividly and leads readers to want to turn pages to find out what comes next. A wonderful read on an important topic. * Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance *One of the nation's preeminent legal historians, Laura Kalman provides an insightful and entertaining look at the New Deal constitutional crisis. Kalman shines a fresh light on the public and legislative reaction to Franklin Roosevelt's 'court-packing plan' and explains why Roosevelt was unable to persuade a Democratically-controlled Congress to increase the number of Supreme Court justices. FDR's Gambit is a must-read for anyone interested in the story behind this bold political move at a pivotal moment in the history of the Court and of the nation. * Brad Snyder, author of Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment *With Supreme Court reform again bobbing up and down at the surface of political contention, Laura Kalman's meticulous examination of the political history of FDR's Court-packing plan cautions against any simple version of what happened. Moving almost day by day, Kalman shows how complicated the Court-packing plan's course was (like that of any piece of significant legislation). Was the plan a blunder by FDR? Maybe yes, maybe no. Was it doomed from the start? Perhaps, but perhaps not. Did politically savvy interventions by the Court and its Chief Justice derail the proposal? A bit, but perhaps not too much. Kalman's careful account lets readers come to their own conclusions about the plan's fate-and about the meaning of the episode for our own times. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School *Laura Kalman's revisionist account of the Court-packing crisis of 1937 delves more widely and deeply into the relevant archival materials and contemporary journalistic coverage than has any previous treatment. Her overview of the vast body of scholarship concerning constitutional development in the New Deal period is erudite and discerning. Even those who may differ with her normative perspective or with some of her interpretive conclusions will find much to learn from and admire in this absorbing and illuminating narrative. * Barry Cushman, John P. Murphy Foundation Professor of Law, University of Notre Dame *Laura Kalman has been a longtime participant in and observer of the ongoing debate about the political and legal significance of the Roosevelt Administration's introduction of a bill to expand the size of the Supreme Court in early 1937. This book is her most recent and extensive contribution to the debate. It demonstrates Kalman's great talent for archival research and exceptional command of scholarly literatures. Students of the New Deal, twentieth century American politics, and twentieth-century constitutional history are in debt to Kalman for her illuminating intervention into a scholarly issue of enduring significance. * G. Edward White, David and Mary Harrison Distinguished Professor, University of Virginia School of Law *The book will be useful in courses on the political process. * Choice *Table of ContentsAcknowledgments Preface Court Packing as History and Memory 1. Roosevelt v. "The Nine Old Men": March 1933-February 1936 2. Victory-and Its Fruits: April 6-December 26, 1936 3. Bright Prospects, Bold Opposition: January 1-March 3, 1937 4. A Change in Tune at the White House--and at the Court?: March 4-April 11, 1937 5. "Talk of Compromise...Heard Everywhere": April 12-May 25, 1937 6. "Prestige": May 18, 1937-November 8, 1938 7. Afterlife: 1937-2021 Afterword About those "later historians": Historians, Political Scientists, and Law Professors Confront "1937" Notes Index

Read more less

Book SynopsisWorldwide, people are circulating damaging lies and falsehoods through powerful social media platforms that reach billions. They range from claims that COVID-19 is a hoax to the theory that vaccines cause autism. In Liars, Cass Sunstein argues that free societies must generally allow falsehoods and lies, which cannot be excised from democratic debate. At the same time, governments should regulate specific kinds of falsehoods: those that genuinely endangerhealth, safety, and the capacity of the public to govern itself. Sunstein concludes that government and private institutions, like Facebook and Twitter, currently allow far too many lies, including those that threaten public health and democracy.Trade ReviewThis is a closely argued examination of lying and fake news, mainly in relation to US laws and organisations... He certainly shows it is a complex subject and offers some suggestions on how to deal with our Age of Deception without embracing Orwellian controls and restrictions. * Nigel Watson, Fortean Times *Sunstein has provided an excellent foundation for understanding the possible roles that the legal system and private institutions in the United States can play, bearing in mind, all the while, adherence to the First Amendment. * Clay Calvert, Criminal Law and Criminal Justice Books *A passionate and forceful argument from America's pre-eminent legal scholar that our law ought to do more to protect the public from the harms of falsehood. * Robert Post, Sterling Professor of Law, Yale Law School *An increasing amount of what we hear and read is demonstrably factually false, and the acceptance of falsity has grave consequences for democratic decision-making. Drawing on legal doctrine, psychological research, and an impressive command of the dynamics of modern media, Cass Sunstein offers a sobering explanation of why factual falsity is increasingly prevalent in contemporary public discourse and why American free speech doctrine may do more to exacerbate than alleviate the problem. This book is essential reading in the modern political and media environment. * Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia *An insightful, balanced, and readable book, by one of America's leading legal scholars — whether you ultimately agree with its suggestions or not, you will learn much from its analysis. * Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law *Table of ContentsChapter 1: Lies and Falsehoods Chapter 2: A Framework Chapter 3: Ethics Chapter 4: Stolen Valor Chapter 5: Truth Chapter 6: Falsehoods Fly Chapter 7: Your Good Name Chapter 8: Harm Chapter 9: Truth Matters Appendix: Excerpts from Policies of Facebook, Twitter, and YouTube Acknowledgments

Read more less

Book SynopsisIlluminates the unwritten ideas that underlie our deepest debates about the written Constitution. The late Justice Scalia relished pointing to departures from the written text of the Constitution as a departure from Constitutional law itself, but in fact his own jurisprudence relied on unwritten ideas. Given that Scalia''s textualist approach to constitutional interpretation has become even more prominent in recent years with the elevation of Justices Gorsuch, Kavanaugh, and Barrett--all jurists in the mold of Scalia--to the Supreme Court, it is crucial that the public understands that these textualists all rely on unwritten ideas when they interpret the Constitution. Indeed, our most intense debates about America''s written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of the text.In The (Un)Written Constitution, George Thomas makes these ideas visible by turning to the practices of Supreme Court justices and political actors in interpreting the Constitution over more than two centuries. From founding debates about freedom of speech and religion to contemporary arguments about judicial review, the separation of powers, same--sex marriage, and partisan gerrymandering, he highlights the too--often unacknowledged ideas that animate our debates about the written Constitution. Contrary to the self-identified textualists, Thomas argues, these recurrent debates are not about whether to follow the text. Rather, they are disputes about what fidelity to the text requires.Illuminating how moving beyond the text is an inescapable feature of interpreting the written Constitution, this concise primer on constitutional interpretation forces us to consider the text--and the unstated principles that lie beneath it-in a new light.Trade ReviewI think this book will be an excellent supplement for students working their way through the canon of constitutional law and trying to understand why and how the constitution and its meaning evolve over time, even when the text does not change. In my experience,the best reads are the ones that leave us with burning questions for future scholars and thinkers to resolve. The (Un)Written Constitution certainly accomplishes that. * Amanda Hollis Brusky, Review of Politics *The (Un)Written Constitution is a thoughtful, well-written slim volume that I could easily see assigning in an advanced undergraduate constitutional law course. Indeed, by paying close attention to Thomas's arguments, students will surely emerge as more confident constitutional interpreters in their own right and enhance their understanding of the necessity of exploring the principles that underlie the opinions of the justices. * Kevin J. McMahon, Trinity College, Perspectives on Politics *The (Un)Written Constitution involves Thomas's careful elucidations of the reasoning of judges on both sides of the political divide in a series of well-known Supreme Court decisions, from the nation's inception to the present * KEN I . KERSCH, American Political Thought *Before turning to the substance of Thomas' arguments, it is important to note that this book is extremely well-written and accessible enough for well-informed non-lawyers but also sufficiently sophisticated to appeal to constitutional law professors—no easy trick. Above all, Thomas does a masterful job presenting opposing arguments in their strongest lights before he tears them down. He takes textualist arguments seriously, even when he rejects them, which is exactly how a scholar should treat counterarguments. * Eric Segall, Georgia State University College of Law, The New Rambler *The (Un)Written Constitution is a marvelously concise and myth-busting account of America's central constitutional debates. By proving beyond dispute that all constitutional interpreters must rely on unwritten assumptions and political theories to make sense of the constitutional text, Thomas helps lift the fog of confusion that shrouds so much constitutional controversy. A must read for judges, students, and citizens: all who seek to understand the meaning of our founding texts. * Stephen Macedo, Laurance S. Rockefeller Professor of Politics and Human Values, Princeton University *All constitutional interpretation begins somewhere within the four corners of the text. But as George Thomas argues in this crisply written, astute, and occasionally ironic analysis, how jurists read and interpret that text always rests upon some set of notions about the political theory of the Constitution, the moral values embedded in it, and a host of other ideas about the enterprise of legal interpretation. For Thomas, these are the '(un)written' parts of the Constitution that appear nowhere in its text but that permeate the whole messy enterprise of interpretation that he deftly dissects. * Jack Rakove, William R. Coe Professor of History and American Studies, Emeritus, Stanford University *Thomas argues that textualists and originalists, no less than living constitutionalists and moral readers, make judgments based on unwritten understandings of the Constitution-debatable interpretations of its fundamental concepts, principles, and commitments, as well as of the underlying political theory embodied in the Constitution. Thus, contrary to common assertions, our disagreements in constitutional interpretation are not between those who stick to the text and those who go outside it. This is a timely, accessible, and compelling book. * James E. Fleming, The Honorable Paul J. Liacos Professor of Law, Boston University School of Law *This book persuasively shows that our central constitutional disagreements are not about the written text, but about unwritten ideas and understandings. Thomas succeeds in showing that this distinction between the unwritten and written is a misleading one and that the Constitution is most notably a work of applied political theory. All justices appeal to the underlying political theory of the document, a theory that in many cases they often disagree about. The book nicely draws on historical and contemporary examples to advance this argument. * Sonu Bedi, Joel Parker 1811 Professor in Law and Political Science and Professor of Government, Dartmouth College *Table of ContentsIntroduction: Interpreting a Written Constitution Chapter 1 Text and Textualism Chapter 2 Text and Originalism Chapter 3 Text and Republican Government Chapter 4 Text and the Separation of Powers Chapter 5 Text and Unwritten Understandings Conclusion: The Inescapability of Constitutional Judgment Notes Index

Read more less