Jimmy Carter was an unexpected president. The first Southerner since the Civil War to gain the office, he had pursued the presidency at the grass roots as an outsider. A president who sought to run a government as good as the American people, Carter soon found himself embroiled in system overload as he worked for a domestic agenda to increase park lands, made the federal judiciary accessible to more women and minorities, to better manage the civil service, to devise a rational long-range policy of energy consumption and conservation, and to keep the deficit under control. Deadlock with Congress, special interests, and, ultimately, caught up in the Iran hostage crisis, the outsider president saw many of his programs defeated and himself voted out of office. With a stellar cast of political figures, headed by President and Mrs. Carter, and with leading scholars of the period, this volume is a major document for a better understanding of the period and the development of the presidency.

Is man truly the measure of all things? If so, then perhaps that very premise accounts for our nation's constitutional ills.

In a wide-ranging study based on legal history, political theory, and philosophical concepts going all the way back to Plato, Robert Clinton seeks to challenge current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.

Building upon his widely-discussed work Marbury v. Madison and Judicial Review, in which he urged the need for greater judicial accountability, Clinton reviews the transformation of legal traditions through the "Marbury Myth" and advocates a jurisprudence that would constrain capricious judicial interpretation by re-establishing traditional methods of legal analysis and rules of precedent. He seeks to ground constitutional theory in common law reasoning, and to ground common law reasoning in a naturalistic jurisprudence-conceived along Thomistic lines--that presupposes a transcendent source of legal order in the world.

Clinton argues that his proposed reorientation is superior to today's most influential approaches to constitutional interpretation, particularly academic moralism and subjective intentionalism. His account of the doctrine of original intention particularly helps to clarify an issue that has until now received much political attention but little scholarly analysis that is not already associated with these prevailing approaches.

"God and Man in the Law" joins a literature that stands at the intersection of political science and the study of law and will enlighten scholars who study constitutional matters in both fields. By focusing on the relation between judicial review and constitutional interpretation, it challenges judges to reclaim the traditions of the past for the sake of democracy's future.

Has the presidentialization of British electoral politics now penetrated other institutional and governmental relationships? This book argues it has in respect of the prime ministerial advisory system. The prime minister has become a president in the eyes of the electorate but remains a prime minister according to the constitution. To bridge this gap between their political and constitutional positions prime ministers have been forced to stretch the constitutional rules about advice, and presidentialize their advisory systems.

"A very readable book containing the best arguments thus far opposing campaign finance reform."
-- "Choice"

"Martin Redish's accomplishment is that he not only has written a strong critique of te proposals to extend governmental regulation of free speech, but he has also given First Amendment defenders a base from which to attack existing restrictions on communication. Money Talks illustrates and upholds why the Founders prohibited Congress from making any law thta abridges the freedom of speech."--"Regulation"

Many have argued that soft money and special interests are destroying the American electoral system. And yet the clarion call for campaign finance reform only touches on the more general belief that money and economic power have a disastrous impact on both free expression and American democracy. The nation's primary sources of communication, the argument goes, are increasingly controlled by vast corporate empires whose primary, or even exclusive motive is the maximization of profit. And these conglomerates should simply not be granted the same constitutional protection as, say, an individual protester.

And yet neither the expenditure of money for expressive purposes nor an underlying motive of profit maximization detracts from the values fostered by such activity, claims Martin H. Redish. In fact, given the modern economic realities that dictate that effective expression virtually requires the expenditure of capital, any restriction of such capital for expressive purposes will necessarily reduce the sum total of available expression. Further, Redish here illustrates, the underlying motive of those who wish to restrict corporate expression is disagreement with thenature of the views they express.

Confronting head-on one of the sacred cows of American reformist politics, Martin H. Redish here once again lives up to his reputation as one of America's most original and counterintuitive legal minds.

As the second chamber of the Westminster parliament, the House of Lords has a central position in British politics. But it is far less well-studied and well understood than the House of Commons. This is in part because of constant expectations that it is about to be reformed - but most Lords reform plans fail, as the Coalition government's dramatically did in 2012. Meanwhile, following a landmark change in 1999 which removed most of its hereditary members, the Lords' role in the policy process has grown. Understanding the chamber is therefore now essential to understanding politics and parliament in Britain. This book provides the first detailed portrait of the post-1999 Lords, explaining who sits in the chamber, how it operates, and crucially what policy impact it has. Its membership is shown to be more diverse and modern than many would assume, and its influence on policy to be substantial. As a 'no overall control' chamber, in which no party has a majority, it has inflicted numerous defeats on the Blair, Brown and Cameron governments, and become an important site of negotiation. It has provided a power base for the Liberal Democrats, and includes a group of almost 200 independents who now play a pivotal role. Close study of today's House of Lords demolishes some common myths about British politics, and also about how two chamber parliaments work. This book, as well as focusing on the contemporary Lords, provides a historical and comparative context for British bicameralism, asks whether the Lords can be considered 'legitimate', and describes recent reform efforts and possible future reforms.

Written by a team of leading experts, "The Palgrave Review of British Politics 2006" provides up-to-date coverage of developments in British government and politics. An indispensable reference book, it covers the entire political year and includes chapters on the constitution, government and administration, the law, Parliament, public policy, devolution, foreign policy, relations with the EU, local government, elections and public opinion, the party system, pressure politics, the media and democracy, plus a statistical appendix.

The thesis of this book is that people enter into social contracts because they are different from one another and have incentives to cooperate. In economic life, people have identical interests-namely, their own se- interests-so they have an incentive to compete. The social worlds that we create, or map, and those that are already mapped for us are increasingly complex, and thus the tracking of rationality is not so straightforward, although it is everywhere evident. In a sense, this book grew out of two questions: Why hasn't the United States had a second revolution? Or is the revolution yet to come? Many have discussed the current crises that confront contemporary society, such as great economic inequalities, poverty, the declining quality of jobs, the growing power of corporate elites, and racial antago nisms. I attempt to understand these problems in terms of the radical restructuring of social life by economic and spatial forces. My specula tive thesis is that social organizations must reinforce social contracts and nurture the opportunities for them to be forged. However, contemporary organizations, particularly economic ones, have internalized the princi ples of economic markets, thereby inducing competition and easing out cooperation. In defining social contracts, I draw from Rousseau and also from Marx and his analysis of use value. One hopes that new organiza tional forms based on principles of democracy and community will evolve. In a diverse, multicultural society, this requires great mutual understanding and cooperation and the recognition of differences."

In These Estimable Courts Damon Cann and Jeff Yates explore how citizens feel about the government institutions at the front lines of jurisprudential policy-making in America - our nation's state and local courts. The book's central focus concerns a primary question of governance - why do people support and find legitimate the institutions that govern their lives? Cann and Yates evaluate the factors that drive citizens' support for their state and local courts and that influence peoples' perceptions of the proper role of these courts in our society, as well as how judicial policy-making should be made. A viable democracy depends upon citizen belief in the legitimacy of government institutions. Nowhere is this more evident than in judicial institutions. Courts depend heavily on a reservoir of public good will and institutional legitimacy to get their decrees obeyed by the public and implemented by other policy actors. It enables courts to weather the storm of counter-majoritarian decisions and remain effective governing bodies whose edicts are respected and followed. These Estimable Courts takes advantage of new original survey data to evaluate citizens' beliefs about the legitimacy of state courts as well as a number of important related concerns. These include peoples' views concerning how judges decide cases, the role of judges and courts in policy-making, the manner in which we select judges, and finally, the dynamics of citizens' views regarding compliance with the law and legal institutions.

Participatory governance has a long history in India and this book traces historical-intellectual trajectories of participatory governance and how older Western discourses have influenced Indian policymakers. While colonial rulers devolved power to accommodate dissenting voices, for independent India, participatory governance was a design for democratizing governance in its true sense. Participation also acted as a vehicle for localizing governance. The author draws on both Western and non-Western theoretical treatises and the book seeks to conceptualize localizing governance also as a contextual response. It also makes the argument that despite being located in different socio-economic and political milieu, thinkers converge to appreciate localizing governance as perhaps the only reliable means to democratize governance. The book aims to confirm this argument by reference to sets of evidence from the Indian experience of localizing governance. By attempting a genealogy of participatory governance in the West and in India, and an empirical study of participatory governance in India, the book sheds light on the exchange of ideas and concepts through space and time, thus adding to the growing body of literature in the social sciences on 'conceptual flow'. It will be of interest to political scientists and historians, in particularly those studying South Asia.

These essayists examine the future of the Commonwealth and Canada's role as an independent nation participating fully in both the Commonwealth and in the wider association of the United Nations.

This book provides up-to-date coverage of developments in British government and politics written by a team of leading experts. An indispensable reference book, it covers the entire political year and includes chapters on the constitution, government and administration, the law, Parliament, public policy, devolution, foreign policy, relations with the EU, local government, elections and public opinion, the party system, pressure politics, the media and democracy, plus a statistical appendix.

This first time in paperback is the best comprehensive examination of the development of constitutionalism in Poland. In particular, this book examines Poland's long-term constitutional history, the adoption of a new constitutional framework after 1989, and the establishment of structures and procedures designed to institutionalize enduring respect for constitutional rules and principles. Notwithstanding continuing challenges in Poland, the groundwork for constitutionalism based on notions of limited government and reflective of European constitutional norms has emerged from the collapse of the communist system of power.

This is an examination of the role and development of parliament throughout the Tudor period, now a central topic in the study of Tudor history. Jennifer Loach examines the constitutional position, political activities, and relationships of the two houses of parliament from the late Middle Ages until the accession of the Stuarts. She explores the growing importance of the Commons and examines the ways in which the Tudor monarchs, from Henry VII to Elizabeth I, attempted to exert their royal power. Topics covered include elections, patronage, and constitutional issues such as the succession to the throne; the fundamental part played by parliament in taxation and other financial matters; the social and economic background; and the vexed and vital question of religion. Thoroughly grounded in contemporary sources, this is a comprehensive and lucid account, which will be invaluable to students of Tudor history.

When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship. -- .

The book edition of "Constitutions of the World from the late 18th Century to the Middle of the 19th Century" is the most complete and academically thorough collection of its kind. It contains constitutional documents from all over the world, written from 1776 to the end of the year 1849. This collection includes about 1,000 constitutions, human rights declarations, and draughts of constitutions that never came into force, from this period. These early constitutional documents were collected and examined in archives and libraries all over the world, as part of a project by the Deutsche Forschungs-gemeinschaft (German Research Foundation).Using the original documents, experts from American and European universities reconstructed the authentic constitution texts for each country, and annotated them in their respective original languages. Each volume contains a short introduction, a main part with the edited constitution documents of a country, comments and an index.The unique value of the complete edition lies in its making all constitutions, from the early phase of modern constitutionalism, accessible in a reliable, authentic text version for the first time. These constitutions were widely scattered until now and, in many cases, unknown.

When the networks called the 2020 presidential election for Joe Biden on Saturday, November 7, 2020, people from coast to coast exhaled--and danced in the streets. This quick-turnaround volume, a collection of 38 personal essays from writers all over the country--"many of America's most thoughtful voices," as Jon Meacham puts it--captures the week Trump was voted out, a unique juncture in American life, and helps point toward a way forward to a nation less divided. An eclectic lineup of contributors--from Rosanna Arquette, Susan Bro and General Wesley Clark to Keith Olbermann, Stewart O'Nan and Anthony Scaramucci--puts a year of transition into perspective, and summons the anxieties and hopes so many have for better times ahead. As award-winning columnist Mary C. Curtis writes in the lead essay, "Saying you're not interested in politics is dangerous because, like it or not, politics is interested in you." Novelist Christopher Buckley, a former speechwriter for Vice President George H.W. Bush, laments, "The Republican Senate, with one exception, has become a stay of ovine, lickspittle quislings, degenerate descendants of such giants as Everett Dirksen, Barry Goldwater, Howard Baker and John McCain." Nero Award-winning mystery novelist Stephen Mack Jones writes, to Donald Trump, "Remember: You live in my house. 1600 Pennsylvania Avenue is my house. My ancestors built it at a cost of blood, soul and labor. I pay my taxes every year to feed you, clothe you and your family and staff and fly you around the country and the world in my tricked-out private jet. If you violate any aspect of your four-year lease--any aspect--Lord Jesus so help me, I will do everything in my power to kick yo narrow ass to the curb." As Publisher Steve Kettmann writes in the Introduction: "The hope is that in putting out these glimpses so quickly, giving them an immediacy unusual in book publishing, we can help in the mourning for all that has been lost, help in the healing (of ourselves and of our country), and help in the pained effort, like moving limbs that have gone numb from inactivity, to give new life to our democracy. We stared into the abyss, tottered on the edge, and a record-setting surge of voting and activism delivered us from the very real threat of plunging into autocracy."

The recent Iran-Contra experience brought to light how intricately the political process revolves around questions of who knows what and who decides what should be secret. In this provocative new book, David Sadofsky offers a comprehensive examination of the relationship between the structure of American government and the treatment of information. With an emphasis on Watergate, the Vietnam War, and Iran-Contra, the book reveals a structural dynamic in U.S. government that replicates deep conflict over the control of information. The conflict often takes on the dimensions of a Constitutional confrontation. "Knowledge as Power" explores the dynamics that lead to such confrontations as well as the resulting resolutions and information policies.

"Knowledge as Power" concludes that the presidency and general government bureaucracy project a conservative model for the control of information. They broadly gather information, use it as desired and limit its disclosure. Sadofsky demonstrates how this conservative model blocks Congress and the American people from valuable information and violates constitutional rights. Written from the premise that the key to understanding modern government is understanding its information policies, this book will be of great value to both students and scholars of American government, civil liberties, constitutional government, and public administration.

The book uses a biographical approach to analyse the potential for, forms of, and constraints upon bureaucratic leadership in modern government. Case studies, written by experts in the different fields, assess the impact of particular officials operating in Whitehall, the United States federal government, the health service, local government, and Europe. The book brings together an innovative methodology with a wide policy coverage.

Thomas Lundberg critically examines the claim that party list-elected members of Britain's devolved assemblies are somehow 'second-class' representatives. The Scottish Parliament and the Welsh Assembly are elected by the controversial mixed-member proportional (MMP) system. Empirical evidence compares British representatives to their MMP-elected counterparts in Germany and in New Zealand. Although list-elected representatives in Britain do appear to have a different constituency role, these representatives add an important element of pluralism to Britain's majoritarian politics.

This volume is a compilation of the U.S. federal special prosecutor/independent counsel investigations spanning the complete twenty-one year tenure from 1978-1999 of the independent counsel statute. The entries include individuals who have served as investigators; those who have been targets of investigations; all attorney generals who have called for appointment of special prosecutors; all presidents during whose terms of office such prosecutors served; and all legal cases that served to argue for or against the constitutionality of the independent counsel statute. These historical precedents are traced from Ulysses Grant's appointment of a special prosecutor to investigate the St. Louis Whiskey Scandal in 1875. More contemporary cases include Watergate, precipitated by Richard Nixon's Saturday Night Massacre dismissal of Special Prosecutor Archibald Cox in 1973; Independent Counsel Lawrence Walsh's Iran-Contra Investigation; and Special Prosecutor Ken Starr's Whitewater investigation of the Clintons and the ensuing permutations which brought individuals like Linda Tripp and Monica Lewinsky to prominence and also brought the statute calling for such investigations into constitutional debate.

The book is fully cross-referenced and contains a comprehensive bibliography and index. It will be of interest to scholars and students of American History and Constitutional History.