The Georgia State Constitution

Author: Melvin B. Hill,G. LaVerne Williamson Hill

Publisher: Oxford University Press

ISBN: 0199941394

Category: Law

Page: 400

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In The Georgia State Constitution, the authors offer a detailed description of the creation and development of Georgia's constitution. They explain how political and cultural events, from colonial times, through the Civil War, to the present, have affected Georgia's constitutional law. Accompanying the full text of the constitution is a rich commentary of the constitutional provisions. The authors trace their origins and interpretation by the courts and other governmental bodies. This volume also provides a bibliographical essay which features the most important sources of Georgia's constitutional history and constitutional law. It concludes with a table of cases cited in the history and the constitutional commentary, as well as a subject index. The second edition provides updates to the constitution including all constitutional amendments through the 2016 general election and additional case-law reflecting current thinking on critical legal issues in Georgia. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Historicism, Originalism and the Constitution

The Use and Abuse of the Past in American Jurisprudence

Author: Patrick J. Charles

Publisher: McFarland

ISBN: 0786479310

Category: History

Page: 272

View: 9855

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The use of history in law is a time honored tradition. Over the years the practice has assumed many forms, including historicism, intentionalism, interpretivist history, law office history, historical narrative, originalism, etc. This book picks up where past commentators have left off. The different historically based approaches to adjudicating constitutional questions are weighed and considered, particularly originalism, and asserts that history in law is legitimate only if it leads to accurate results. The book then purposes an approach to accomplish the objectives of historical accuracy and objectivity, and therefore legitimacy. "The past too easily becomes a political football, a pawn in contemporary political debates about law and history. Charles is keenly aware of the abuse of history by lawyers, but also the abuse of law by historians. History's 'dead hand,' Charles argues, should be invoked carefully and judiciously. To his credit, Charles's goal in this book is to improve the fraught dialogue between history and law."--Robert J. Spitzer, SUNY Cortland, author of Saving the Constitution from Lawyers and The Politics of Gun Control "A rich and searching account of how the past should shape the present that sheds new light on many of our generation's most challenging constitutional problems."--Gerard Magliocca, Samuel R. Rosen Professor of Law, Indiana University Robert H. McKinney School of Law "In this thoughtful and ambitious book, Patrick Charles addresses some of the central questions in all of constitutional interpretation. Charles 'historical guideposts' approach simultaneously supports and challenges the positions of self-identified originalists and living constitutionalists alike. It represents a useful intervention in the ongoing debate between those camps."--Joseph Blocher, Associate Professor of Law, Duke University.

The Oxford Handbook of Church and State in the United States

Author: Derek H. Davis

Publisher: Oxford University Press

ISBN: 0190208783

Category: Religion

Page: 592

View: 1233

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Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

The Lovers' Quarrel

The Two Foundings and American Political Development

Author: Elvin T. Lim

Publisher: Oxford University Press

ISBN: 019932395X

Category: History

Page: 312

View: 5741

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The United States has had not one, but two Foundings. The Constitution produced by the Second Founding came to be only after a vociferous battle between Federalists and Anti-Federalists. The Federalists favored a relatively powerful central government, while the Anti-Federalists distrusted the concentration of power in one place and advocated the preservation of sovereignty in the states as crucibles of post-revolutionary republicanism -- the legacy of the First Founding. This philosophical cleavage has been at the heart of practically every major political conflict in U.S. history, and lives on today in debates between modern liberals and conservatives. In The Lovers' Quarrel, Elvin T. Lim presents a systematic and innovative analysis of this perennial struggle. The framers of the second Constitution, the Federalists, were not operating in an ideational or institutional vacuum; rather, the document they drafted and ratified was designed to remedy the perceived flaws of the Articles of Confederation and Perpetual Union. To decouple the Two Foundings is to appreciate that there is no such thing as "original meaning," only original dissent. Because the Anti-Federalists insisted that prior and democratically sanctioned understandings of federalism and union had to be negotiated and partially grafted onto the new Constitution, the Constitution's Articles and the Bill of Rights do not cohere as well together as has conventionally been thought. Rather, they represent two antithetical orientations toward power, liberty, and republicanism. The altercation over the necessity of the Second Founding generated coherent and self-contained philosophies that would become the core of American political thought, reproduced and transmitted across two centuries, whether the victors were the neo-Federalists (such as during the Civil War and the New Deal) or the neo-Anti-Federalists (such as during the Jacksonian era and the Reagan Revolution). The Second Founding -- the sole "founding" that we generally speak of -- would become a template for the unique, prototypically American species of politics and political debate. Because of it, American political development occurs only after the political entrepreneurs of each generation lock horns in a Lovers' Quarrel about the principles of one of the Two Foundings, and succeed in justifying and forging a durable expansion or contraction of federal authority.

Die wohlerwogene Republik

das konstitutionelle Denken des politisch-philosophischen Liberalismus

Author: Dietmar Herz

Publisher: Schonigh

ISBN: 9783506739223

Category: Constitutional history

Page: 400

View: 5999

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The EU Charter of Fundamental Rights

A Commentary

Author: Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward

Publisher: Bloomsbury Publishing

ISBN: 1782251820

Category: Law

Page: 1865

View: 9459

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The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

The Police Power

Patriarchy and the Foundations of American Government

Author: Markus Dirk Dubber

Publisher: Columbia University Press

ISBN: 0231506953

Category: Political Science

Page: 288

View: 8640

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Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police—the most expansive and least limitable of governmental powers—by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

In Whose Name?

A Public Law Theory of International Adjudication

Author: Armin von Bogdandy,Ingo Venzke

Publisher: OUP Oxford

ISBN: 0191026956

Category: Law

Page: 400

View: 6088

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The vast majority of all international judicial decisions have been issued since 1990. This increasing activity of international courts over the past two decades is one of the most significant developments within the international law. It has repercussions on all levels of governance and has challenged received understandings of the nature and legitimacy of international courts. It was previously held that international courts are simply instruments of dispute settlement, whose activities are justified by the consent of the states that created them, and in whose name they decide. However, this understanding ignores other important judicial functions, underrates problems of legitimacy, and prevents a full assessment of how international adjudication functions, and the impact that it has demonstrably had. This book proposes a public law theory of international adjudication, which argues that international courts are multifunctional actors who exercise public authority and therefore require democratic legitimacy. It establishes this theory on the basis of three main building blocks: multifunctionality, the notion of an international public authority, and democracy. The book aims to answer the core question of the legitimacy of international adjudication: in whose name do international courts decide? It lays out the specific problem of the legitimacy of international adjudication, and reconstructs the common critiques of international courts. It develops a concept of democracy for international courts that makes it possible to constructively show how their legitimacy is derived. It argues that ultimately international courts make their decisions, even if they do not know it, in the name of the peoples and the citizens of the international community.

Human Rights

Between Idealism and Realism

Author: Christian Tomuschat

Publisher: OUP Oxford

ISBN: 0191506699

Category: Political Science

Page: 512

View: 3208

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This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

Defending Constitutional Rights

Author: Frank Minis Johnson

Publisher: University of Georgia Press

ISBN: 9780820322858

Category: Political Science

Page: 191

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Federal Judge Frank M. Johnson of Alabama decided many of the most important civil rights and liberties cases in twentieth-century American history. During the 1950s and 1960s, his decisions supported Martin Luther King Jr. and other civil rights fighters in their struggles for justice and equality. Johnson extended the Constitutional defense of individual rights for women, students, prisoners, mental health patients, poor criminal defendants, and voters during his active judicial career in Alabama and the South, which lasted until 1991. This collection assembles some of Johnson's most thought-provoking and insightful essays, many of which explain and defend a number of his decisions. Also included in this volume is the first published transcript of a 1980 public television interview with Bill Moyers. Meticulously detailed and documented, yet accessible to a wide range of readers, this book explores the constitutional ideals that Johnson forged and defended as he persistently overcame public officials' resistance to constitutional rights and social change.

Die Federalist papers

Author: Alexander Hamilton,James Madison,John Jay

Publisher: C.H.Beck

ISBN: 9783406547546

Category: Constitutional history

Page: 583

View: 7443

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The Examiner

A Weekly Paper on Politics, Literature, Music and the Fine Arts

Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 5789

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Gesetze der Angst

jenseits des Vorsorgeprinzips

Author: Cass R. Sunstein

Publisher: N.A

ISBN: 9783518584798

Category: Civil rights

Page: 343

View: 3938

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