1993-03-15
Author: Bruce A. Ackerman
Publisher: Harvard University Press
ISBN: 0674736591
Category : Law
Languages : en
Pages : 384
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Book Description
Bruce Ackerman offers a sweeping reinterpretation of our nation’s constitutional experience and its promise for the future. Integrating themes from American history, political science, and philosophy, We the People confronts the past, present, and future of popular sovereignty in America. Only this distinguished scholar could present such an insightful view of the role of the Supreme Court. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a new model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent, historic constitutional decisions. The latest revolutions in civil rights, and the right to privacy, are integrated into the fabric of constitutionalism. Today’s Constitution can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s. Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe. It is a dualist democracy, characterized by its continuing effort to distinguish between two kinds of politics: normal politics, in which organized interest groups try to influence democratically elected representatives; and constitutional politics, in which the mass of citizens mobilize to debate matters of fundamental principle. Although American history is dominated by normal politics, our tradition places a higher value on mobilized efforts to gain the consent of the people to new governing principles. In a dualist democracy, the rare triumphs of constitutional politics determine the course of normal politics. More than a decade in the making, and the first of three volumes, this compelling book speaks to all who seek to renew and redefine our civic commitments in the decades ahead.
Author: Bruce A. Ackerman
Publisher: Harvard University Press
ISBN: 0674736591
Category : Law
Languages : en
Pages : 384
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Book Description
Bruce Ackerman offers a sweeping reinterpretation of our nation’s constitutional experience and its promise for the future. Integrating themes from American history, political science, and philosophy, We the People confronts the past, present, and future of popular sovereignty in America. Only this distinguished scholar could present such an insightful view of the role of the Supreme Court. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a new model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent, historic constitutional decisions. The latest revolutions in civil rights, and the right to privacy, are integrated into the fabric of constitutionalism. Today’s Constitution can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s. Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe. It is a dualist democracy, characterized by its continuing effort to distinguish between two kinds of politics: normal politics, in which organized interest groups try to influence democratically elected representatives; and constitutional politics, in which the mass of citizens mobilize to debate matters of fundamental principle. Although American history is dominated by normal politics, our tradition places a higher value on mobilized efforts to gain the consent of the people to new governing principles. In a dualist democracy, the rare triumphs of constitutional politics determine the course of normal politics. More than a decade in the making, and the first of three volumes, this compelling book speaks to all who seek to renew and redefine our civic commitments in the decades ahead.
Author: Bruce A. Ackerman
Publisher: Belknap Press
ISBN:
Category : History
Languages : en
Pages : 369
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Book Description
Offering a reinterpretation of America's constitutional experience and its promise for the future, the author integrates themes from American history, philosophy and political science. This book confronts the past, present and future of popular sovereignty in America.
Author: Bruce A. Ackerman
Publisher: Harvard University Press
ISBN: 9780674948419
Category : Constitutional history
Languages : en
Pages : 369
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Book Description
In a dualist democracy, the rare triumphs of constitutional politics determine the course of normal politics. More than a decade in the making, and the first of three volumes, this compelling book speaks to all who seek to renew and redefine our civic commitments in the decades ahead.
Author: Steven Gow Calabresi
Publisher: Oxford University Press
ISBN: 0190075791
Category : Law
Languages : en
Pages : 384
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Book Description
This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume One discusses the G-20 common law countries and Israel.
Author: Martin Belov
Publisher: Routledge
ISBN: 1000436411
Category : Law
Languages : en
Pages : 236
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Book Description
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.
Author: IBP USA
Publisher: Lulu.com
ISBN: 1433015757
Category :
Languages : en
Pages :
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Book Description
Author: IBP USA
Publisher: Lulu.com
ISBN: 1433015773
Category : Business & Economics
Languages : en
Pages : 300
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Book Description
Too often in the history of Mexico, women have been portrayed as marginal figures rather than legitimate participants in social processes. As the twentieth century draws to a close, Mexican women of the countryside can be seen as true historical actors: mothers and heads of households, factory and field workers, community activists, artisans, and merchants. In this new book, thirteen contributions by historians, anthropologists, and sociologists—from Mexico as well as the United States—elucidate the roles of women and changing gender relations in Mexico as rural families negotiated the transition from an agrarian to an industrial society. Drawing on Mexican community studies, gender studies, and rural studies, these essays overturn the stereotypes of Mexican peasant women by exploring the complexity of their lives and roles and examining how these have changed over time. The book emphasizes the active roles of women in the periods of civil war, 1854-76, and the commercialization of agriculture, 1880-1910. It highlights their vigorous responses to the violence of revolution, their increased mobility, and their interaction with state reforms in the period from 1910 to 1940. The final essays focus on changing gender relations in the countryside under the impact of rapid urbanization and industrialization since 1940. Because histories of Latin American women have heretofore neglected rural areas, this volume will serve as a touchstone for all who would better understand women's lives in a region of increasing international economic importance. Women of the Mexican Countryside demonstrates that, contrary to the peasant stereotype, these women have accepted complex roles to meet constantly changing situations. CONTENTS I—Women and Agriculture in Nineteenth-Century Mexico 1. Exploring the Origins of Democratic Patriarchy in Mexico: Gender and Popular Resistance in the Puebla Highlands, 1850-1876, Florencia Mallon 2. "Cheaper Than Machines": Women and Agriculture in Porfirian Oaxaca (1880-1911), Francie R. Chassen-López 3. Gender, Work, and Coffee in C¢rdoba, Veracruz, 1850-1910, Heather Fowler-Salamini 4. Gender, Bridewealth, and Marriage: Social Reproduction of Peons on Henequen Haciendas in Yucatán (1870-1901), Piedad Peniche Rivero II—Rural Women and Revolution in Mexico 5. The Soldadera in the Mexican Revolution: War and Men's Illusions, Elizabeth Salas 6. Rural Women's Literacy and Education During the Mexican Revolution: Subverting a Patriarchal Event?, Mary Kay Vaughan 7. Doña Zeferina Barreto: Biographical Sketch of an Indian Woman from the State of Morelos, Judith Friedlander 8. Seasons, Seeds, and Souls: Mexican Women Gardening in the American Mesilla (1900-1940), Raquel Rubio Goldsmith III—Rural Women, Urbanization, and Gender Relations 9. Three Microhistories of Women's Work in Rural Mexico, Patricia Arias 10. Intergenerational and Gender Relations in the Transition from a Peasant Economy to a Diversified Economy, Soledad González Montes 11. From Metate to Despate: Rural Women's Salaried Labor and the Redefinition of Gendered Spaces and Roles, Gail Mummert 12. Changes in Rural Society and Domestic Labor in Atlixco, Puebla (1940-1990), Maria da Glória Marroni de Velázquez 13. Antagonisms of Gender and Class in Morelos, Mexico, JoAnn Martin
Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1107114497
Category : Law
Languages : en
Pages : 302
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Book Description
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Author: Andrew S. Gold
Publisher: OUP Oxford
ISBN: 0191005290
Category : Law
Languages : en
Pages : 450
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Book Description
Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
Author: Robert Schütze
Publisher: Oxford University Press
ISBN: 0191058807
Category : Law
Languages : en
Pages : 1149
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Book Description
Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.
