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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
In The Louisiana State Constitution, Lee Hargrave provides a
compehensive history and provision-by-provision commentary of the
state's current constitution. Descriptive analysis provides readers
with important information about the origins of the constitutional
provisions, as well as ways in which the courts and other
governmental bodies have interpreted them. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
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.
The Delaware state constitution is the first state constitution
drafted by a convention composed of popularly elected
representatives, and it is rich with history and tradition. The
Delaware Bill of Rights has remained almost exactly the same since
1792, and it has enacted specific provisions whereby its three
branches of government operate differently from the federal system.
The Delaware State Constitution provides an outstanding
constitutional and historical account of the state's basic
governing charter. In it, Judge Randy Holland begins with an
overview of Delaware's constitutional history. He then provides an
in-depth, section-by-section analysis of the entire constitution,
detailing important changes that have been made over the years.
Justice Holland's learned treatment, along with the list of cases,
index, and bibliography, makes this guide indispensable for
students, scholars, and practitioners of Delaware's constitution.
Previously published by Greenwood, this title has been brought back
in to circulation by Oxford University Press with new verve.
Re-printed with standardization of content organization in order to
facilitate research across the series, this title, as with all
titles in the series, is set to join the dynamic revision cycle of
The Oxford Commentaries on the State Constitutions of the United
States.
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.
Formally, Kansas still operates under a constitution dating from
1959. However, its present day basic law differs importantly from
the original text. In The Kansas State Constitution, Francis H.
Heller offers an unprecedented explanation of Kansas's experience
with "incremental revision."
In The Kansas State Constitution, Francis H. Heller carefully
traces the history and development of the Kansas state
constitution. Heller includes the constitutional text in its
entirety and offers accompanying descriptions of specific
constitutional provisions. These descriptions provide readers with
important information about the origins each provision, as well as
ways in which the courts and other governmental bodies have
interpreted them. A bibliographical essay describing the most
important sources of the constitutional history and constitutional
law of Kansas, making this an indispensable for students, scholars,
and practitioners of Kansas's constitution. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
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.
The Arkansas State Constitution provides an outstanding historical
account of Arkansas's five different constitutions, conventions,
and amendments. Kay C. Goss presents the official text with an
accompanying article-by-article commentary, providing readers with
important information about the origins of each constitutional
provision and amendment, as well as ways in which they are
interpreted. The Arkansas State Constitution is an essential
reference guide for readers who seek a rich account of Arkansas's
constitutional evolution. Previously published by Greenwood, this
title has been brought back in to circulation by Oxford University
Press with new verve. Re-printed with standardization of content
organization in order to facilitate research across the series,
this title, as with all titles in the series, is set to join the
dynamic revision cycle of The Oxford Commentaries onthe State
Constitutions of the United States.
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.
In The Idaho State Constitution, Donald W. Crowley and Florence A.
Heffron provide a history of Idaho's constitution and a concise
article-by-article analysis of the entire text. The authors recount
the development of the constitution over the last century and
explain how it has been shaped by concerns of powerful economic,
social, and political forces. Since its drafting in 1889, the 109
amendments have democratized the political systems and given people
the right to participate more actively in the state's governance.
The Idaho State Constitution reflects the renewed interest in state
constitutions as a means of guiding important policy concerns and
provides an essential reference guide for readers who seek a rich
account of Idaho's constitutional evolution. Previously published
by Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the State Constitutions of the United States.
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.
South Carolina's current constitution is a unique reflection of
America's cultural and political history. It has roots dating back
to the state's original colonial charter, comprising an uneasy
alliance of post-Civil War history, late 19th century return to
segregation, and post-1960s liberalizing reforms. In The South
Carolina State Constitution, Cole Blease Graham illustrates the
success of positive political forces pitted against the social
norms of a Deep South state. His informed analysis challenges
advocates of constitutional reform to continue revision efforts,
making this volume an important contribution to the study of state
politics and the principles of democratic government.
The South Carolina State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of South Carolina's
constitutional history, it provides an in-depth, section-by-section
analysis of the entire constitution, detailing the many significant
changes that have been made since its initial drafting. This
treatment, along with a table of cases, index, and bibliography
provides an unsurpassed reference guide for students, scholars, and
practitioners of South Carolina's constitution. Previously
published by Greenwood, this title has been brought back in to
circulation by Oxford University Press with new verve. Re-printed
with standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The
OxfordCommentaries on the State Constitutions of the United States.
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.
With only 54 years of existence, the Constitution of the State of
Alaska is in its developmental infancy compared to the
constitutional history of the rest of the United States. However,
having had the benefit of over 300 years, the Alaskan Constitution
is a pioneer and model in--among other things--simplicity,
coherence, vision and accessibility.
The Alaska State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Alaska's constitutional
history, it provides an in-depth, section-by-section analysis of
the entire constitution, detailing the many significant changes
that have been made since its initial drafting. This treatment,
along with a table of cases, index, and bibliography provides an
unsurpassed reference guide for students, scholars, and
practitioners of Alaska's constitution. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries on the StateConstitutions of the United States.
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.
Rhode Island has a long history of constitutional governance.
Beginning in 1636, Rhode Island's constitution has been shaped by
revolution, nation-building, tumult, and further changes wrought by
everything from neo-liberalism to gay rights. The result has been a
living document reflecting conflicting and changing values, making
the Rhode Island constitution an essential resource for
understanding the cultural history of this state.
In The Rhode Island State Constitution Patrick T. Conley and Robert
J. Flanders provide an outstanding constitutional and historical
account of the state's governing charter. In addition to an
overview of Rhode Island's constitutional history, it provides an
in-depth, section-by-section analysis of the entire constitution,
detailing the many significant changes that have been made since
its initial drafting. This treatment, along with a table of cases,
index, and bibliography provides an unsurpassed reference guide for
students, scholars, and practitioners of Rhode Island's
constitution. Previously published by Greenwood, this title has
been brought back in to circulation by Oxford University Press with
new verve. Re-printed with standardization of content organization
in order to facilitate research across the series, this title, as
with all titles in the series, is set to join the dynamic revision
cycle of The Oxford Commentaries on the State Constitutions of the
United States.
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.
This book presents the evolution of Italian administrative law in
the context of the EU, describing its distinctive features and
comparing it with other experiences across Europe. It provides a
comprehensive overview of administrative law in Italy, focusing on
the main changes occurred over the last few decades.Although the
respective chapters generally pursue a legal approach, they also
consider the influence of economic, social, cultural and
technological factors on the evolution of public administration and
administrative law.The book is divided into three parts. The first
part addresses general issues (e.g. procedures and organization of
public administrations, administrative justice). The second part
focuses on more specific topics (e.g. public intervention in the
economy, healthcare management, local government). In the third
part, the evolution of Italian administrative law is discussed in a
comparative perspective.
Montana's state constitution was created during the early 1970s.
Progressive, innovative and pragmatic, it combines a strong concern
for individual rights, personal liberty, and individual dignity
while seeking to keep government open and responsive to the will of
the people of Montana. It also stresses rights to a clean and
healthful environment.
The Montana State Constitutionis the first reference guide to offer
an in-depth analysis of the state's constitutional history. In it,
Larry Elison and Fritz Snyder provide the text of the constitution,
its meaning, and its legal interpretations. It is an excellent
research tool for those interested in Montana's constitutional
history and case law, and it includes a comprehensive bibliographic
essay dealing with available primary and secondary research
sources. Previously published by Greenwood, this title has been
brought back in to circulation by Oxford University Press with new
verve. Re-printed with standardization of content organization in
order to facilitate research across the series, this title, as with
all titles in the series, is set to join the dynamic revision cycle
of The Oxford Commentaries on the State Constitutions of the United
States.
The Oxford Commentaries on the State Constitutions of the United
Statesis 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 ofProfessor 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.
The North Dakota State Constitution provides one of the most
comprehensive studies of the North Dakota Constitution and the
legal decisions which have helped to create and shape it.
In this volume, James E. Leahy provides a short history the
territory that became North Dakota, a description of its native
people, and insight into the creation of its territorial and state
government and its politics. The North Dakota State Constitution
also includes each of the substantive provisions of the North
Dakota Constitution along with a detailed study of the cases and
events that give its 13 articles their current form.
This unsurpassed guide is fully referenced and includes a table of
cases and an extensive bibliography, and each section of every
article receives commentary detailing the significant acts that
lead to its current juridical interpretation. This is the only book
to provide such a detailed and thorough analysis of North Dakota's
Constitution, and is an invaluable resource for legal historians,
practicing attorneys, regional scholars, and constitutional
specialists. Previously published by Greenwood, this title has been
brought back in to circulation by Oxford University Press with new
verve. Re-printed with standardization of content organization in
order to facilitate research across the series, this title, as with
all titles in the series, is set to join the dynamic revision cycle
of The Oxford Commentaries on the State Constitutions of the United
States.
TheOxford 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 ofProfessor 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.
The Maryland State Constitution is the only comprehensive analysis
of Maryland's constitution. Dan Friedman provides an outstanding
historical account of the state's governing charter along with an
in-depth, section-by-section analysis of the entire constitution,
detailing the many signifigant changes that have been made since
its initial drafting in 1867. In-depth commentary on the
constitutional interpretation offers tremendous political and
economic insight into each of the constitution's provisions.
Previously published by Greenwood, this title has been brought back
in to circulation by Oxford University Press with new verve.
Re-printed with standardization of content organization in order to
facilitate research across the series, this title, as with all
titles in the series, is set to join the dynamic revision cycle of
The Oxford Commentaries on the State Constitutions of theUnited
States.
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.
In The Massachusetts State Constitution, Lawrence Friedman and
Lynnea Thody present a comprehensive and accessible survey of
Massachusetts constitutional history and constitutional law. The
Massachusetts Constitution is the oldest state constitution and has
remained essentially unchanged since it was drafted in 1780. It
served as a model for the United States Constitution and many of
the state constitutions that followed.
The Massachusetts State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. It begins with an overview of Massachusetts's
constitutional history, and then provides an in-depth,
section-by-section analysis of the entire constitution, detailing
important changes that have been made since its drafting. This
treatment, which includes a list of cases, index, and bibliography,
makes this guide indispensable for students, scholars, and
practitioners of the Massachusetts constitution.
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.
English courts have traditionally held a policy of judicial
restraint towards regulatory decisions in the commercial context.
This book provides a critical view of the courts' deferential
attitude and advocates a more intensive form of judicial review
which is more satisfactory in terms of individual justice.
Addressing the issue in three parts, the orthodox common law
position on judicial review is first set out, demonstrating the
deferential approach of the courts and highlighting the limited
scope of review in a commercial context. The regulator's expertise
and institutional autonomy, and the demands of administrative
efficiency, all contribute to preventing the courts from
interfering with the development of regulatory policies.
The book then moves on to consider how current policy appears to be
inconsistent with the relevant values of English public law which
protect individuals from capricious and arbitrary executive action
- particularly the right of the applicant to obtain an independent
assessment of the validity of the impugned decision by a court
which acts as ultimate arbiter of law.
Setting out an alternative model based on European human rights
law, the book contends close supervision is necessary over
decisions which alter or determine the operation of markets in
order to reach a level of judicial control that is consistent with
the requirements of fairness and reasonableness in this area and
with proper respect for the rights of the parties involved. This
alternative approach finds its roots in the principle of
proportionality, which entails a greater judicial attenuation of
administrative autonomy in order to ensure that actions do not go
beyond what it is strictly necessary to achieve the desired
outcome.
Tom Bingham was among the most influential judges of the twentieth
century, having occupied in succession the most senior judicial
offices, Master of the Rolls, Lord Chief Justice and Senior Law
Lord, before retiring in 2008, at which point he devoted himself to
the teaching of Human Rights Law, until his death in September
2010. His judicial and academic work has deeply influenced the
development of the law in a period of substantial legal change. In
particular his role in establishing the new UK Supreme Court, and
his views on the rule of law and judicial independence left a
profound mark on UK constitutional law. He was also instrumental in
championing the academic and judicial use of comparative law,
through his judicial work and involvement with the British
Institute of International and Comparative Law.
This volume collects around fifty essays from colleagues and those
influenced by Lord Bingham, from across academia and legal
practice. The essays survey Lord Bingham's pivotal role in the
transformations that took place in the legal system during his
career.
Menachem Mautner offers a compelling account of Israeli law as a
site for the struggle over the shaping of Israeli culture. On the
one hand, a secular, liberal group wishes to associate Israel with
Western culture and to link Israeli law to Anglo-American
liberalism. On the other hand, a religious group wishes to
associate Israeli culture with traditional Jewish culture, and to
found Israeli law on traditional Jewish law. The struggle between
secular and religious Jews has been part of the life of the Jewish
people in the past 300 years. It resurged in the 1970s with the
rise of religious fundamentalism and the decline of the political
and cultural hegemony of the Labor movement. The secular group
reacted by shifting much of its political action to the Supreme
Court which since the establishment of the state has been the state
organ most identified with entrenching liberal values in the
country's political culture. In a short span of time in the early
1980s the Court effected extensive changes in its jurisprudence,
most strikingly adoption of sweeping judicial activism which is
widely regarded as the most far-reaching in the world. The Court's
activism provided the secular group with the means for intervening
in decisions of the state branches over which the group had lost
control. With Arabs being a fifth of the country's population, an
additional divide in Israel is that between Jews and Arabs. Drawing
on notions of multiculturalism, political liberalism and
republicanism, Law and the Culture of Israel offers fresh insights
as to how to manage Israel's divisive situation.
Markets sometimes fail. But so do regulatory efforts to correct
market failures. Sometimes regulations reach too far, condemning
good activities as well as bad, and sometimes they don't reach far
enough, allowing bad behavior to persist. In this highly
instructive book, Thomas A. Lambert explains the pitfalls of both
extremes while offering readers a manual of effective regulation,
showing how the best regulation maximizes social welfare and
minimizes social costs. Working like a physician, Lambert
demonstrates how regulators should diagnose the underlying disease
and identify its symptoms, potential remedies for it, and their
side effects before selecting the regulation that offers the
greatest net benefit. This book should be read by policymakers,
students, and anyone else interested in understanding how the best
regulations are crafted and why they work.
This book analyses the voluminous and meandering case law on
gambling of the Court of Justice from an empirical perspective. It
offers a comprehensive overview of the legal situation of gambling
services in the EU Single Market. Additionally, the book presents
the current state of research on gambling addiction. It then seeks
to answer the central research question as to what extent the views
of the Court of Justice on gambling find support in empirical
evidence.
The Court of Justice granted exceptionally wide discretion to
the Member States due to a so-called peculiar nature of games of
chance. With the margin of appreciation having played a key role,
the book inquires whether the Court of Justice followed the
principles and criteria that normally steer the use of this
doctrine. Noting the Court s special approach, the book elaborates
on its causes and consequences. Throughout the book, the approach
of the Court of Justice is contrasted with that of its sister
court, the EFTA Court. Finally, the potential role of the
precautionary principle and of EU fundamental rights in the area of
gambling law is examined.
Situated at the intersection of law and science, this book seeks
to bridge the legal and scientific perspectives and the unique
vocabularies common to each. It illustrates the direct relevance of
science and empirical research for court cases and policy making.
And it contrasts science-informed policy making with the on-going
morality discourse on gambling."
This book offers a comprehensive introduction to China's judicial
administration system. It presents in-depth analyses of the
country's current judicial administration system, as well as a new
theory on the system that is based on the realities of today's
China, and provides guidance on reform. The book examines the
system as a whole, as well as various specific aspects of judicial
administration, putting forward bold theoretical proposals for
improving China's judicial administration system and judicial
system in general.
The Lisbon Treaty reformed the foundations of the European Union
and marked the culmination of a process of Treaty reform that began
after the Treaty of Nice and spanned almost a decade. This book
addresses the main innovations made by the new Treaty, examining
its legal and political consequences in a reformed EU. The book is
organized thematically around the principal issues that occupied
those engaged in the reforms over the last decade. The chapters
include analysis of the reform process itself and the political
forces that shaped the relevant provisions of the Lisbon Treaty.
The book contains detailed analysis of the relevant legal changes
made by the Lisbon Treaty on each topic covered. This legal
analysis is informed by broader literature from related
disciplines, such as political science and international relations,
since it is only by doing so that it is possible fully to
understand the legal implications of the new provisions dealing
with issues such as the inter-institutional division of power
within the EU, the distribution of competence, the hierarchy of
legal acts and the Charter of Rights.
The book addresses the political and legal implications of the
Treaty provisions, and the discussion is set against the background
of the pre-existing legal and political regime, aiding a full
understanding of the effect of the new rules contained in the
Lisbon Treaty.
This revised paperback edition includes a new chapter detailing the
political reform process leading to the proposed Fiscal Union
Treaty, and its potential legal implications.
The role of the Constitution in American political history is
contentious not simply because of battles over meaning. Equally
important is precisely who participated in contests over meaning.
Was it simply judges, or did legislatures have a strong say? And
what about the public's role in effecting constitutional change? In
The Civic Constitution, Elizabeth Beaumont focuses on the last
category, and traces the efforts of citizens to reinvent
constitutional democracy during four crucial eras: the
revolutionaries of the 1770s and 1780s; the civic founders of state
republics and the national Constitution in the early national
period; abolitionists during the antebellum and Civil War eras;
and, finally, suffragists of the late nineteenth and early
twentieth centuries. Throughout, she argues that these groups
should be recognized as founders and co-founders of the U.S.
Constitution. Though often slighted in modern constitutional
debates, these women and men developed distinctive constitutional
creeds and practices, challenged existing laws and social norms,
expanded the boundaries of citizenship, and sought to translate
promises of liberty, equality, and justice into more robust and
concrete forms. Their civic ideals and struggles not only shaped
the text, design, and public meaning of the U.S. Constitution, but
reconstructed its membership and transformed the fundamental
commitments of the American political community. An innovative
expansion on the concept of popular constitutionalism, The Civic
Constitution is a vital contribution to the growing body of
literature on how ordinary people have shaped the parameters of
America's fundamental laws.
This volume proposes a capacity-centered approach for understanding
American bureaucracy. The administrative institutions that made the
country a superpower turned out to be fragile under Donald Trump's
presidency. Laboring beneath systematic accusations of deep
statism, combined with a market oriented federal administration,
bureaucratic capacity manifested its decay in the public health and
constitutional cataclysms of 2020, denting America's global
leadership and contributing to its own people's suffering. The
authors combine interviews with a historical examination of federal
administrative reforms in the backdrop of the recent pandemic and
electoral tumult to craft a developmental framework of the ebb and
flow of capacity. While reforms, large and small, brought about
professionalization and other benefits to federal administration,
they also camouflaged a gradual erosion when anti-bureaucratic
approaches became entrenched. A sclerotic, brittle condition in the
government's capacity to work efficiently and accountably arose
over time, even as administrative power consolidated around the
executive. That co-evolutionary dynamic made federal government
ripe for the capacity bifurcation, delegitimization, and
disinvestment witnessed over the last four years. As the system
works out the long-term impacts of such a deconstruction, it also
prompts a rethinking of capacity in more durable terms. Calling
attention to a more comprehensive appreciation of the dynamics
around administrative capacity, this volume argues for Congress,
citizens, and the good government community to promote capacity
rebuilding initiatives that have resilience at the core. As such,
the book will be of interest to citizens, public reformers, civic
leaders, scholars and students of public administration, policy,
and public affairs.
The book examines one of the most debated issues in current
international law: to what extent the international legal system
has constitutional features comparable to what we find in national
law. This question has become increasingly relevant in a time of
globalization, where new international institutions and courts are
established to address international issues. Constitutionalization
beyond the nation state has for many years been discussed in
relation to the European Union. This book asks whether we now see
constitutionalization taking place also at the global level.
The book investigates what should be characterized as
constitutional features of the current international order, in what
way the challenges differ from those at the national level and what
could be a proper interaction between different international
arrangements as well as between the international and national
constitutional level. Finally, it sketches the outlines of what a
constitutionalized world order could and should imply. The book is
a critical appraisal of constitutionalist ideas and of their
critique. It argues that the reconstruction of the current
evolution of international law as a process of
constitutionalization -against a background of, and partly in
competition with, the verticalization of substantive law and the
deformalization and fragmentation of international law- has some
explanatory power, permits new insights and allows for new
arguments. The book thus identifies constitutional trends and
challenges in establishing international organizational structures,
and designs procedures for standard-setting, implementation and
judicial functions.
This paperback edition features the authors' discussion of this
book on the EJIL Talks blog.
The Hawaii State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Hawaii's constitutional
history, it provides an in-depth, section-by-section analysis of
the entire constitution, detailing the many significant changes
that have been made since its initial drafting. This treatment,
along with a table of cases, index, and bibliography provides an
unsurpassed reference guide for students, scholars, and
practitioners of Hawaii's constitution. Previously published by
Greenwood, this title has been brought back in to circulation by
Oxford University Press with new verve. Re-printed with
standardization of content organization in order to facilitate
research across the series, this title, as with all titles in the
series, is set to join the dynamic revision cycle of The Oxford
Commentaries onthe State Constitutions of the United States.
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.
The New Mexico State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. It begins with an overview of New Mexico's constitutional
history, and then provides an in-depth, section-by-section analysis
of the entire constitution, detailing important changes that have
been made since its drafting. This treatment, which includes a list
of cases, index, and bibliography, makes this guide indispensable
for students, scholars, and practitioners of Nex Mexico's
constitution. Previously published by Greenwood, this title has
been brought back in to circulation by Oxford University Press with
new verve. Re-printed with standardization of content organization
in order to facilitate research across the series, this title, as
with all titles in the series, is set to join the dynamic revision
cycle of The Oxford Commentaries on the StateConstitutions of the
United States.
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.
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