Search results for """ "Studies in Constitutional Law""

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Book SynopsisThis book also covers the course requirements for students of constitutional law studying for the degree of LLM being offered by the universities in Pakistan.

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Book SynopsisDiscover the ins and outs of Constitutional law Are you a student looking for trusted, plain-English guidance on the ins and outs of Constitutional law? Look no further! Constitutional Law For Dummies provides a detailed study guide tracking to this commonly required law course.Table of ContentsIntroduction 1 Part I: Studying Constitutional Law: The Foundations 9 Chapter 1: Understanding the Constitution 11 Chapter 2: Constitutional Law: A View from 30,000 Feet 33 Chapter 3: Mapping Out Key Concepts and Distinctions in Constitutional Law 49 Part II: Allocating Governmental Roles 59 Chapter 4: “Constituting” a New Federal Government 61 Chapter 5: Charting the Reach of National Government Powers 83 Chapter 6: Sorting Out National Powers: Inter-Branch Conflict and Cooperation 105 Chapter 7: The Constitution and Federalism 125 Part III: Protecting Property Rights and Avoiding Arbitrary Action141 Chapter 8: Avoiding Arbitrary Government Action: Due Process of Law 143 Chapter 9: Protecting Property: Land, Contracts, and Guns 161 Chapter 10: Preventing Government from Discriminating 177 Part IV: Rights to Self-Expression and Political Participation 199 Chapter 11: "Express Yourself!" Freedom of Speech 201 Chapter 12: The Constitution and Religion 225 Chapter 13: Getting Involved: Voting and Becoming or Supporting a Candidate 247 Part V: Understanding Privacy Rights 263 Chapter 14: Implied Privacy Rights — Fundamental and Otherwise 265 Chapter 15: Preventing Unreasonable Searches and Seizures 289 Chapter 16: The Right against Self-Incrimination 311 Part VI: The Part of Tens 331 Chapter 17: Ten Landmark Court Decisions about Governmental Structure 333 Chapter 18: Ten (Plus Three) Top Individual-Rights Cases 341

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Book SynopsisAs the terminal crisis of the Weimar Republic intensified, Hans Kelsen and Carl Schmitt debated whether the Weimar Constitution should be protected by a constitutional court or by presidential dictatorship. This volume provides the first translation of Kelsen's and Schmitt's famous and influential exchange on the 'Guardian of the Constitution'.Trade Review'The debate between Kelsen and Schmitt is far richer and more timely than the foregoing brief overview can suggest. Vinx has provided a great service in executing a fluent and accessible translation, in writing an illuminating and erudite introduction, and in making the constitutional writings of Kelsen and Schmitt available to a wider audience than was previously the case. And Vinx has provided an additional service in reminding us that many of the important figures in the history of legal theory were also on the front lines of salient legal disputes offering arguments that put their theoretical positions in very concrete contexts.' Frederick Schauer, The New RamblerTable of ContentsIntroduction; 1. Kelsen on the nature and development of constitutional adjudication; 2. The guardian of the constitution: Schmitt's argument against judicial review; 3. The guardian of the constitution: Schmitt on the President as guardian of the constitution; 4. Who ought to be the guardian of the constitution? Kelsen's reply to Schmitt; 5. Prussia contra Reich: Schmitt's closing statement in Leipzig; 6. Kelsen on the judgment of the Staatsgerichtshof of the 25th of October 1932.

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Book SynopsisWritten in a uniquely engaging style, and full of illuminating analyses, this book provides a modern, comprehensive, and critical guide to the study of the constitutional law of the Union. Numerous diagrams and tables clarify key concepts and processes; and a practical appendix helps students to find and read primary and secondary legal sources.Table of ContentsPart I: Constitutional Foundations 1: Constitutional History: From Paris to Lisbon 2: Constitutional Nature: A Federation of States 3: Governmental Structure: Union Institutions I 4: Governmental Structure: Union Institutions II 5: European Law I: Nature - Direct Effect 6: European Law II: Nature - Primacy/Pre-emption Part II: Governmental Powers 7: Legislative Powers: Competences and Procedures 8: External Powers: Competences and Procedures 9: Executive Powers: Competences and Procedures 10: Judicial Powers I: (Centralised) European Procedures 11: Judicial Powers II: (Decentralised) National Procedures 12: Limiting Powers: EU Fundamental Rights Appendices: How to Study European Union Law

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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

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Book SynopsisThis volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues. Bringing together positive and normative analysis, this volume provides state of the art in a field of growing theoretical and practical importance.Trade Review'The combination of theoretical and empirical essays will further develop comparative constitutional design as an important perspective and project within comparative constitutional studies.' International Journal of Constitutional LawTable of Contents1. Introduction Tom Ginsburg; Part I. Design Processes: 2. Clearing and strengthening the channels of constitution-making Jon Elster; 3. What we know - and don't know - about design processes Justin Blount, Zachary Elkins and Tom Ginsburg; Part II. How Do We Get to Constitutional Design? Constraints and Conditions: 4. Democratization and countermajoritarian institutions: the role of power and constitutional design in self-enforcing democracy Susan Alberts, Chris Warshaw and Barry R. Weingast; 5. The origins of parliamentary responsibility Adam Przeworski, Tamar Asadurian and Anjali Thomas Bohlken; 6. The social foundations of China's living constitution Randall Peerenboom; 7. The political economy of constitutionalism in a post-secular world Ran Hirschl; Part III. Issues in Institutional Design: 8. Designing constitutional amendment rules, to scale Rosalind Dixon and Richard Holden; 9. Federalism: general welfare, interstate commerce, and economic analysis Robert D. Cooter and Neil Seigel; 10. Personal laws and equality: the case of India Martha Nussbaum; 11. Constitutional adjudication, Italian style John Ferejohn and Pasquale Pasquino; 12. Tyrannophobia Eric A. Posner and Adrian Vermuele; 13. Do executive term limits cause constitutional crises? Tom Ginsburg, Zachary Elkins and James Melton.

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Book SynopsisDavid Feldman is the Rouse Ball Professor of English Law at the University of Cambridge, and a Fellow of Downing College, UK. Over more than 50 years, David Feldman has studied and taught constitutional law in the UK and Australia, worked as a legal adviser in the UK's Houses of Parliament and sat as a Judge of the Constitutional Court of Bosnia and Herzegovina. He is also an Honorary Professor of the University of Manchester, UK.

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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. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers dozens of countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.Contributors: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P.G. Carozza, C. Charters, J.A. Cheibub, S. Choudhry, D.M. Davis, R. Dixon, V. Ferreres Comella, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J.L. Hiebert, R. Hirschl, N. Hume, H. Irving, V.C. Jackson, G.J. Jacobsohn, D.P. Kommers, R.J. Krotoszynski, Jr, N. Lenagh-Maguire, F. Limongi, F.I. Michelman, K. O Regan, R.H. Pildes, K. Roach, K. Rubenstein, C. Saunders, D. Schneiderman, A. Stone, R. Teitel, M. TushnetTrade 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

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Book SynopsisComparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories.This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.Trade Review'This well-written study confirms Gunter Frankenberg's position as one of the most astute and subtle students of the methodology of comparative constitutional law. His emphasis on constitutional law as narrative, and his attention to ''other'' constitutions, not part of the field's canon, are important contributions.' --Mark Tushnet, Harvard Law School, US'Gunter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.' --Roberto Gargarella, Torcuato Di Tella University, Argentina'The here presented study opens our eyes to the actual histories and experiences of which constitutional texts are merely one embodiment. Shifting between the actors/voices/interests involved in constitutional design, on the one hand, and the constitutional documents on the other, Professor Frankenberg illuminates the dynamics of constitutionalism as part of locally situated and shaped, yet globally interacting societal processes. Integrating the history and theory of political ideas, the study of socio-economic transformation and the merits of anthropological ethnography, constitutionalism unfolds as a crucial dimension of social, political and legal change. This is the stuff that legal analysis should be and, here, is made of.' --Peer Zumbansen, King's College London, UKTable of ContentsContents: Preface 1. Constitutions: Between Magic and Deceit PART I Theory and Method 2. Constitutional Idiom and Design 3. Comparing Constitutions: Theory and Method PART II History and Transfer 4. Constitutional Transfer and Experimentalism 5. Constitutional Experimentalism in Nineteenth-Century Europe PART III Constitution as Order 6. Order from Conflict 7. Constituting Against Partition and Fragmentation 8. Constituting States of Exception Epilogue Index

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Book SynopsisComparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories.This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.Trade Review'This well-written study confirms Gunter Frankenberg's position as one of the most astute and subtle students of the methodology of comparative constitutional law. His emphasis on constitutional law as narrative, and his attention to ''other'' constitutions, not part of the field's canon, are important contributions.' --Mark Tushnet, Harvard Law School, US'Gunter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.' --Roberto Gargarella, Torcuato Di Tella University, Argentina'The here presented study opens our eyes to the actual histories and experiences of which constitutional texts are merely one embodiment. Shifting between the actors/voices/interests involved in constitutional design, on the one hand, and the constitutional documents on the other, Professor Frankenberg illuminates the dynamics of constitutionalism as part of locally situated and shaped, yet globally interacting societal processes. Integrating the history and theory of political ideas, the study of socio-economic transformation and the merits of anthropological ethnography, constitutionalism unfolds as a crucial dimension of social, political and legal change. This is the stuff that legal analysis should be and, here, is made of.' --Peer Zumbansen, King's College London, UKTable of ContentsContents: Preface 1. Constitutions: Between Magic and Deceit PART I Theory and Method 2. Constitutional Idiom and Design 3. Comparing Constitutions: Theory and Method PART II History and Transfer 4. Constitutional Transfer and Experimentalism 5. Constitutional Experimentalism in Nineteenth-Century Europe PART III Constitution as Order 6. Order from Conflict 7. Constituting Against Partition and Fragmentation 8. Constituting States of Exception Epilogue Index

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Book SynopsisWritten with exceptional clarity and fully updated from the first edition, the second edition of European Constitutional Law constitutes a classic textbook for students and practitioners of European law. Using a clear structural framework, the text guides readers through all of the core constitutional topics of EU law. Extracts from classic case law are complemented with extensive and critical discussion of the theoretical and practical aspects of the European Union and its law, leading students to a deep understanding of the subject. Chapters are enriched with more than fifty colour figures and tables, which clarify complex topics and illustrate relationships and processes. New suggestions for further reading direct students to significant pieces of academic literature for deeper self-study, and a companion website with full 'Lisbonised' versions of the cases cited in the text completes the learning package.

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Book SynopsisComparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. TushnetTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION 2. Participation in Constitutional Design: Asian Exceptionalism Justin Blount and Tom Ginsburg 3. Constitutional Courts in East Asia Tom Ginsburg 4. Judicial Engagement Cheryl Saunders 5. Weak-form Review and its Constitutional Relatives: an Asian Perspective Mark Tushnet and Rosalind Dixon PART II: CONSTITUTIONAL STRUCTURE 6. The Structure of Legislative-Executive Relations: Asia in Comparative Perspective José Antonio Cheibub and Fernando Limongi 7. Classical and Post-Conflict Federalism: Implications for Asia Sujit Choudhry 8. Constitutions and Emergency Regimes in Asia Victor V. Ramraj PART III: CONSTITUTIONAL RIGHTS 9. The Comparative Constitutional Law of Freedom of Expression in Asia Adrienne Stone, Rishad Chowdhry and Martin Clark 10. The Right to Property in Asia Tom Allen 11. Equality in Asia Kate O’Regan and Madhav Khosla 12. Comparative Constitutional Law and Religion in Asia Ran Hirschl Index

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Book SynopsisCases and Materials on Constitutional and Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen.Digital formats and resourcesThe thirteenth 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 biannual updates on key developments in constitutional and administrative law and multiple-choice questions for students to test their learningTrade ReviewReview from previous edition This is an immensely helpful compendium of sources on constitutional and administrative law in the UK, which includes a range of very helpful notes and questions to guide and challenge the uninitiated. * Conor McCormick, Lecturer in Law, Queen's University Belfast *Table of Contents1: Constitutional law in the United Kingdom 2: The legislative sovereignty of Parliament 3: The rule of law 4: Judicial independence 5: The royal prerogative and constitutional conventions 6: Parliament: scrutiny of policy and administration 7: Parliament: law-making 8: Devolution 9: Human rights 10: Judicial review: the grounds 11: The availability of judicial review 12: Ombudsmen 13: Statutory tribunals

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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

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Book SynopsisThis book analyses the fundamental aspects of the Constitution of the United States of America, which has proven to be a reality in motion and with an ‘exceptional’ capacity to adapt to the rapid and profound changes that have occurred in over two centuries in American society and economy. The book aims to better understand how the constitutional text has evolved up to our times. The 27 amendments to the Constitution, the interpretation of the Supreme Court and the particular political system have ensured that the constitutional system has not undergone major institutional upheavals. Thanks to the contribution of the many authors, the book offers valuable insights into a constitutional system that still reveals an extraordinary relevance. This can be considered an added value to studies in the field of comparative law.Table of Contents1 Profiles of Constitutional History of the United States of America (Claudio Martinelli); 2 The Challenge of Formal Amendment in the United States (Richard Albert); Introductory Note to the Form of Government (Guerino D’Ignazio); 3 Design, Evolution and Interpretation of Checks and Balances in the American Constitution (Andrea Buratti); 4 Congress (Davide De Lungo); 5 The Public Administration in the System of Separation of Powers (Guerino D’Ignazio); 6 Sovereignty and Federalism (Andrea Pin & David Kenny); 7 Federalism and the Welfare State (Andrea Pierini); 8 Fundamental Rights and Freedoms (Paolo Passaglia); 9 The Supreme Court (Chiara Bologna); 10 The Judicial System (Angioletta Sperti); 11 Protecting the Constitution against the States? The Importance of the ‘Guarantee Clause’ in a Comparative Law Perspective (Giuseppe Martinico); About the Authors

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Book SynopsisTrusted by generations of students, and consistently reliable and up to date, Hilaire Barnettâs Constitutional and Administrative Law continues to provide accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, the Sixteenth edition equips students with a thorough understanding of the UK constitutionâs past, present and future by analysing and illustrating the political and socio-historical contexts that have shaped the major rules and principles of constitutional and administrative law, as well as ongoing constitutional reform.This edition has been fully updated throughout, including additional questions to aid student understanding of this complex area of the law. The online digital resources have been updated with a new student website including useful weblinks, updates to the law (provided by the author), and brand new student revision quizzes.Ideal for students studying constitutional and administrative law for

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Book SynopsisIn this thought-provoking collection, Professor Epstein brings together the leading articles which explore the economic approach to the two major issues of constitutionalism. The first volume deals with structural protections that are afforded by the separation of powers, the use of checks and balances, and the institutions of federalism. The second volume deals with the protection of individual rights in connection with property, speech, religion, due process and equality. Both volumes focus on the extent to which assumptions about self-interest and human nature influence the choice of social institutions. They offer extensive comparisons between the classical liberal and social democratic views of constitutional law. Professor Epstein's lengthy and careful introduction seeks to weave together the diverse approaches to constitutional law exhibited in these volumes.Trade Review‘Richard Epstein has compiled a brilliant collection of essays that explore the insights of economic theory on such diverse constitutional issues as separation of powers, federalism, takings, free speech, freedom of religion, and due process of law. These essays illuminate and challenge fundamental questions about the meaning and application of our constitution.’ -- Geoffrey Stone, University of Chicago Law School, USTable of ContentsContents: Volume I: The Structural Constitution Acknowledgements Introduction The Law and Economics of Constitutionalism Richard A. Epstein PART I: SELF-INTEREST AND CONSTITUTIONS 1. James Madison ([1787] 1961), ‘The Federalist. No X. (The Union as a Safeguard Against Domestic Faction and Insurrection Continued)’ 2. Cass R. Sunstein (1985), ‘Interest Groups in American Public Law’ 3. Robert Cooter (2002), ‘Constitutional Consequentialism: Bargain Democracy versus Median Democracy’ PART II THE STRUCTURAL CONSTITUTION A Separation of Powers 4. Saul Levmore (1992), ‘Bicameralism: When are Two Decisions Better than One?’ 5. Susan Rose-Ackerman (1992), ‘Judicial Review and the Power of the Purse’ 6. Eric R. Claeys (2004), ‘Progressive Political Theory and Separation of Powers on the Burger and Rehnquist Courts’ 7. Jide Nzelibe (2006), ‘A Positive Theory of the War-Powers Constitution’ B Federalism 8. Barry R. Weingast (1995), ‘The Economic Role of Political Institutions: Market-Preserving Federalism and Economic Development’ 9. Richard A. Epstein (1987), ‘The Proper Scope of the Commerce Power’ 10. Michael W. McConnell (1988), ‘Contract Rights and Property Rights: A Case Study in the Relationship Between Individual Liberties and Constitutional Structure’ 11. J. Robert S. Prichard with Jamie Benedickson (1983), ‘Securing the Canadian Economic Union: Federalism and Internal Barriers to Trade’ 12. Jonathan H. Adler (2001), ‘The Ducks Stop Here? The Environmental Challenge to Federalism’ 13. Jack L. Goldsmith and Alan O. Sykes (2001), ‘The Internet and the Dormant Commerce Clause’ C Unconstitutional Conditions 14. Richard A. Epstein (1988), ‘Unconstitutional Conditions, State Power, and the Limits of Consent’ Name Index Volume II: Individual Rights Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I PROPERTY AND CONTRACT 1. Richard A. Epstein (1986), ‘An Outline of Takings’ 2. Margaret Jane Radin (1988), ‘The Liberal Conception of Property: Cross Currents in the Jurisprudence of Takings’ 3. Daniel A. Farber (1992), ‘Economic Analysis and Just Compensation’ 4. William A. Fischel (1991), ‘Exploring the Kozinski Paradox: Why is More Efficient Regulation a Taking of Property?’ 5. Thomas W. Merrill (1986), ‘The Economics of Public Use’ 6. Abraham Bell and Gideon Parchomovsky (2006), ‘The Uselessness of Public Use’ 7. William A. Fischel (1987), ‘The Economics of Land Use Exactions: A Property Rights Analysis’ 8. Daniel R. Fischel and Alan O. Sykes (1999), ‘Governmental Liability for Breach of Contract’ 9. Richard A. Epstein (1987), ‘The Public Trust Doctrine’ PART II FREEDOM OF SPEECH AND RELIGION 10. R.H. Coase (1977), ‘Advertising and Free Speech’ 11. Fred S. McChesney (1988), ‘A Positive Regulatory Theory of the First Amendment’ 12. Michael W. McConnell and Richard A. Posner (1989), ‘An Economic Approach to Issues of Religious Freedom’ 13. Daniel A. Farber (1991), ‘Free Speech without Romance: Public Choice and the First Amendment’ PART III DUE PROCESS AND EQUAL PROTECTION 14. Cass R. Sunstein (1984), ‘Naked Preferences and the Constitution’ 15. Herbert Hovenkamp (1988), ‘The Political Economy of Substantive Due Process’ Name Index

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