Constitutional Construction
Download and Read Constitutional Construction full books in PDF, ePUB, and Kindle. Read online free Constitutional Construction ebook anywhere anytime directly on your device. We cannot guarantee that every ebooks is available!
Author | : Keith E. Whittington |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 0674045157 |
Download Constitutional Construction Book in PDF, Epub and Kindle
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Author | : Chester James Antieau |
Publisher | : |
Total Pages | : 296 |
Release | : 1982 |
Genre | : Law |
ISBN | : |
Download Constitutional Construction Book in PDF, Epub and Kindle
"Courts at times speak of the need for 'interpretation' of constitutions, professedly being concerned only with the 'meaning' of the words employed in the organic laws...However, the far greater task of constitutional adjudication is one requiring 'construction' of the fundamental law. This term is of broader scope than 'interpretation' and properly refers to that legal significance which is to be given to constitutional clauses and words...Approaches of the courts to constitutional construction can be categorised as (a) historical, (b) philosophical, and (c) sociological...There are a halfhundred guides to construction (customarily referred to as 'the canons of construction') which are regularly utilized by the courts of most of the world in dealing with constitutional language, and these guides are treated at length in the second chapter. Succeeding chapters investigate fully the historical and philosophical materials used by the courts in constitutional construction, as well as the methodology of interessenjurisprudenz or the jurisprudence of interests in adjudicating constitutional controversies." -- from the Introduction, p. xxiii-xxiv.
Author | : Haider Ala Hamoudi |
Publisher | : University of Chicago Press |
Total Pages | : 326 |
Release | : 2013-11-12 |
Genre | : Political Science |
ISBN | : 022606879X |
Download Negotiating in Civil Conflict Book in PDF, Epub and Kindle
In 2005, Iraq drafted its first constitution and held the country’s first democratic election in more than fifty years. Even under ideal conditions, drafting a constitution can be a prolonged process marked by contentious debate, and conditions in Iraq are far from ideal: Iraq has long been racked by ethnic and sectarian conflict, which intensified following the American invasion and continues today. This severe division, which often erupted into violence, would not seem to bode well for the fate of democracy. So how is it that Iraq was able to surmount its sectarianism to draft a constitution that speaks to the conflicting and largely incompatible ideological view of the Sunnis, Shi’ah, and Kurds? Haider Ala Hamoudi served in 2009 as an adviser to Iraq’s Constitutional Review Committee, and he argues here that the terms of the Iraqi Constitution are sufficiently capacious to be interpreted in a variety of ways, allowing it to appeal to the country’s three main sects despite their deep disagreements. While some say that this ambiguity avoids the challenging compromises that ultimately must be made if the state is to survive, Hamoudi maintains that to force these compromises on issues of central importance to ethnic and sectarian identity would almost certainly result in the imposition of one group’s views on the others. Drawing on the original negotiating documents, he shows that this feature of the Constitution was not an act of evasion, as is sometimes thought, but a mark of its drafters’ awareness in recognizing the need to permit the groups the time necessary to develop their own methods of working with one another over time.
Author | : Theodore Sedgwick |
Publisher | : |
Total Pages | : 750 |
Release | : 1874 |
Genre | : Constitutional law |
ISBN | : |
Download A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law Book in PDF, Epub and Kindle
Author | : Bentley Boyd |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Caricatures and cartoons |
ISBN | : 9780972961622 |
Download Constitution Construction Book in PDF, Epub and Kindle
Author | : Jabez Gridley Sutherland |
Publisher | : |
Total Pages | : 880 |
Release | : 1904 |
Genre | : Law |
ISBN | : |
Download Statutes and Statutory Construction Book in PDF, Epub and Kindle
Author | : Masuji Miyakawa |
Publisher | : |
Total Pages | : 284 |
Release | : 1906 |
Genre | : Constitutional law |
ISBN | : |
Download Powers of the American People, Congress, President, and Courts Book in PDF, Epub and Kindle
Author | : Theodore Sedgwick |
Publisher | : BoD – Books on Demand |
Total Pages | : 746 |
Release | : 2024-01-12 |
Genre | : Fiction |
ISBN | : 3368853899 |
Download A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law Book in PDF, Epub and Kindle
Reprint of the original, first published in 1874.
Author | : E. Fitch Smith |
Publisher | : |
Total Pages | : 1040 |
Release | : 1848 |
Genre | : Constitutional law |
ISBN | : |
Download Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction Book in PDF, Epub and Kindle
Author | : John Taylor |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 358 |
Release | : 1998 |
Genre | : Banking law |
ISBN | : 1886363439 |
Download Construction Construed, and Constitutions Vindicated Book in PDF, Epub and Kindle