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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.
National constitutions allow citizens to exercise full citizenship rights, leading to a growing importance in understanding these laws. This knowledge, more widespread thanks to the ever-growing use of digital networks, allows for more enlightened national citizens in every corner of the world. Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society is a pivotal reference source that analyzes how constitutional awareness occurs in various countries and how citizenship participation is encouraged through the use of digital tools. While highlighting topics such as mobile security, transparency accountability, and constitutional awareness, this publication is ideally designed for professionals, students, academicians, and policymakers seeking current research on citizens' lack of awareness of their rights.
There is no better guide than Paul Krugman to basic economics, the ideas that animate much of our public policy. Likewise, there is no better foe of zombie economics, the misunderstandings that just won't die. Arguing with Zombies is Krugman "the most hated and most admired columnist in the US" (Martin Wolf, Financial Times) at his best, turning readers into intelligent consumers of the daily news with quick, vivid sketches of the key concepts behind taxes, health care, international trade and more. In this new book, in which he builds on and expands his The New York Times columns and other writings, "the most celebrated economist of his generation" (The Economist), offers short, accessible chapters on topics including the European Union and Brexit, the fight for national health care in the United States, the financial meltdown of 2007-2008, the attack on Social Security and the fraudulent argument-the ultimate zombie-that tax cuts for the rich will benefit all.
The global financial crisis had a dramatic short-term effect on federal relations and, as the twelve case studies in this illuminating book show, set in place a new set of socio-political factors that are shaping the longer-run process of institutional change in federal systems. The Future of Federalism illustrates how an understanding of these complex dynamics is crucial to the development of policies needed for effective and sustainable federal governance in the 21st century. The book finds that growing fiscal pressures are interacting with domestic political variables to produce country specific federal dynamics. Arguably the first detailed study of the medium term impact of the financial crisis and its aftermath on federal governance, this volume highlights how growing budget pressures are contributing to increased centralisation in many federations, while in others national governments are devolving power to appease regional grievances and preserve the federal union. Contributions from leading federalism and public finance scholars test recent theoretical explanations of change in federal systems against the experiences of a diverse cross-section of federal jurisdictions. The case studies include both established federations and 'federalizing' jurisdictions, such as the UK and China, and highlights the complex dynamics which shape the evolution of federal governance Comprehensive and interdisciplinary, this timely book will appeal to students and scholars - from political science, economics and law - studying federalism, governance studies and comparative political economy. It is essential reading for public officials and policy makers interested in intergovernmental relations, public finance and budgeting and tax policy. Contributors include: J.R. Afonso, D.M. Brown, C. Colino, T.J. Conlan, L. de Mello, E. del Pino, R. Eccleston, R. Hortle, R. Jha, R. Krever, S. Lee, R. Mabugu, E. Massetti, P. Mellor, J. Schnellenbach, N. Soguel, C. Wong
Reprint of first edition (1896). "The following pages contain a condensed statement and exposition of the accepted canons and rules for the construction and interpretation of the written laws, whether constitutional or statutory. In accordance with the general plan of the Hornbook Series, these rules have been formulated somewhat after the manner of a code, expressed in brief black-letter paragraphs numbered consecutively throughout the book, and explained, developed, and illustrated in the text." --Preface, iii.HENRY CAMPBELL BLACK [1860-1927] was also the author of the standard American law dictionary, A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern Including the Principal Terms of International, Constitutional, and Commercial Law, first published in 1891, and other works.
eric (yes, lowercase e) is politically conservative, morally liberal, and - by his own admission - completely off kilter. These quirks have allowed him to pursue his goal of being the world's preeminent Republican Jewish blogger (www.tygrrrrexpress.com). eric has dedicated his life to fighting ideological bigotry - what he defines as a pervasive disdain for conservatives merely because they exist. With this book, eric presents his best columns as a cohesive discussion, ranging from serious to senseless, of why questioning issues such as the legality of gay marriage does not make one a homophobe; wanting to privatize social security does not mean one wishes to see seniors bleeding to death on the streets; and examining whether affirmative action succeeds does not make one a racist. With engaging and often amusing insight, eric illustrates how people can disagree without impugning their humanity. With Ideological Bigotry and his ongoing blog, eric's ultimate goal is to make the world a better place. Within these pages, he illuminates that until liberals see conservatives as a noble opposition, they will continue to live in the intellectual, ethical, and political wilderness reserved for those who prefer rage, hatred, and anger to rolling up their sleeves and creating solutions.
This book provides evaluations of American presidents over the course of 66 years of U.S. economic history, using quantitative data to provide credible, defensible answers to controversial questions like "Whose economic policies were more effective, Ronald Reagan's or Bill Clinton's?" The President as Economist: Scoring Economic Performance from Harry Truman to Barack Obama provides eye-opening insights about matters of critical importance for the future of the United States. Author Richard J. Carroll tackles a topic that he has researched and been focused on for more than 20 years, providing impartial assessments and rankings of each presidential administration according to numerous key performance indicators-quantitative data, not subjective opinions. The final chapter combines all of the data to present a numeric score (Presidential Performance Index-PPI) for each administration that allows an overall ranking of the 11 presidents. The analysis covers 66 years of U.S. economic history, ranging from 1946 through 2011. The earlier administrations of Harry S. Truman through Jimmy Carter set the context against which more recent presidencies are judged. This title will be an invaluable resource for everyone from general readers to students at the high school, undergraduate, and graduate levels, as well as journalists, lobbyists, and anyone directly or indirectly involved in the political process. An appendix provides the official data upon which the rankings are based
Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.
For decades, leaders in Newark, New Jersey, have claimed their city
is about to return to its vibrant past. How accurate is this
prediction? Is Newark on the verge of revitalization? Robert
Curvin, who was one of New Jersey's outstanding civil rights
leaders, examines the city, chronicling its history, politics, and
culture." "Throughout the pages of" Inside Newark," Curvin
approaches his story both as an insider who is rooting for Newark
and as an objective social scientist illuminating the causes and
effects of sweeping changes in the city
Ethnic Diasporas and the Canada-United States Security Community focuses on three diasporas and their impact on North American security relations, the Irish and Germans, which were mainly in the US, and the Muslim diaspora, which is based in both countries. The book begins by examining the evolution of North America from a zone of war to a zone of peace (i.e., a security community), starting with the debate over the nature and meaning of the Canada-US border. It then assesses the role of ethnic diasporas in North American security, looking as to whether ethnic interest groups have been gaining influence over the shaping of the US foreign policy. This debate is also valid in Canada, especially given the practice of federal political parties of catering to blocs of ethnic voters. The second section of the book focuses on three case studies. The first examines the impact of the Irish Americans on the quality of security relations between the US and the UK, and therefore between the former and Canada. The second looks at an even larger diaspora, the German Americans, whose political agenda by the start of twentieth century attempted to discourage Anglo-American entente and eventual alliance. The final case concentrates on the debates around the North American Muslim diaspora in the past two decades, a time when policy attention turned toward the greater Middle East, which in many ways constitute the "kin community" of this politically active diaspora. This comparative assessment of the three cases provides contextualization for today's discussion of homegrown terrorism and its implication for bilateral security cooperation in North America.
This thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver 'We the People' sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems. Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.
Democratic governments are increasingly under pressure from populists, and distrust of governmental authority is on the rise. Economic causes are often blamed. Making a 21st Century Constitution proposes instead that constitutions no longer provide the kind of support that democracies need in today's conditions, and outlines ways in which reformers can rectify this. Frank Vibert addresses key sources of constitutional obsolescence, identifies the main challenges for constitutional updating and sets out the ways in which constitutions may be made suitable for the the 21st century. The book highlights the need for reformers to address the deep diversity of values in today's urbanized societies, the blind spots and content-lite nature of democratic politics, and the dispersion of authority among new chains of intermediaries. This book will be invaluable for students of political science, public administration and policy, law and constitutional economics. Its analysis of how constitutions can be made fit for purpose again will appeal to all concerned with governance, practitioners and reformers alike.
A generation ago, achieving the American dream was possible. But for today's working middle class citizens, achieving or even envisioning the American dream is becoming almost impossible. How have we lost this integral part of our national identity? Can we recapture it? Author Thomas W. Forbes thinks so, and he outlines his plan in America's Walls. Forbes believes that the way to reclaim America is to shrink the size of the US government, control spending, and create a financially independent country. In so doing, the middle class of America can also find financial independence and begin thriving once more. Forbes suggests incorporating the values used to make this country great, including hard work, discipline, and innovation. He details some of the major issues facing the United States of America today and provides honest, straightforward commentary on ways to solve these issues. Topics covered include illegal immigration, war on terrorism, entitlements, term limits, healthcare, education, and much more. It's time for us all to embrace President John F. Kennedy's words: "Ask not what your country can do for you, ask what you can do for your country." America's Walls leads the way. |
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