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| Author | : Aileen Kavanagh |
| Publisher | : Cambridge University Press |
| Total Pages | : 509 |
| Release | : 2023-09-30 |
| Genre | : Law |
| ISBN | : 1108493262 |
Argues that protecting rights in a democracy is a collaborative constitutional enterprise between all three branches of government.
| Author | : Aileen Kavanagh |
| Publisher | : Cambridge University Press |
| Total Pages | : 509 |
| Release | : 2023-09-30 |
| Genre | : Law |
| ISBN | : 110862247X |
Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
| Author | : David Bilchitz |
| Publisher | : Cambridge University Press |
| Total Pages | : 523 |
| Release | : 2021-11-11 |
| Genre | : Business & Economics |
| ISBN | : 1108841945 |
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
| Author | : Adrian Vermeule |
| Publisher | : Cambridge University Press |
| Total Pages | : 209 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 1107043727 |
The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
| Author | : Sophia Z. Lee |
| Publisher | : Cambridge University Press |
| Total Pages | : 429 |
| Release | : 2014-10-31 |
| Genre | : History |
| ISBN | : 1316061191 |
Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
| Author | : Beau Breslin |
| Publisher | : |
| Total Pages | : 368 |
| Release | : 2021-04-20 |
| Genre | : History |
| ISBN | : 9780804776707 |
What would America's Constitutions have looked like if each generation wrote its own? "The earth belongs...to the living, the dead have neither powers nor rights over it." These famous words, written by Thomas Jefferson to James Madison, reflect Jefferson's lifelong belief that each generation ought to write its own Constitution. According to Jefferson each generation should take an active role in endorsing, renouncing, or changing the nation's fundamental law. Perhaps if he were alive today to witness our seething debates over constitutional interpretation, he would feel vindicated in this belief. Madison's response was that a Constitution must endure over many generations to gain the credibility needed to keep a nation strong and united. History tells us that Jefferson lost that debate. But what if he had prevailed? In A Constitution for the Living, Beau Breslin reimagines American history to answer that question. By tracing the story from the 1787 Constitutional Convention up to the present, Breslin presents an engaging and insightful narrative account of historical figures and how they might have shaped their particular generation's Constitution. For all those who want to be in the candlelit taverns where the Founders sat debating fundamental issues over wine; to witness towering figures of American history, from Abraham Lincoln to Booker T. Washington, play out hypothetical meetings and conversations that are startling and revealing; and to attend a Constitutional Convention taking place in the present day--this book brings these possibilities to life with sensitivity, verve, and compelling historical detail. This book is, above all, a call for a more engaged American public at a time when change seems close at hand, if we dare to imagine it.
| Author | : Thomas E. Mann |
| Publisher | : Basic Books |
| Total Pages | : 273 |
| Release | : 2016-04-05 |
| Genre | : Political Science |
| ISBN | : 0465096735 |
Acrimony and hyperpartisanship have seeped into every part of the political process. Congress is deadlocked and its approval ratings are at record lows. America's two main political parties have given up their traditions of compromise, endangering our very system of constitutional democracy. And one of these parties has taken on the role of insurgent outlier; the Republicans have become ideologically extreme, scornful of compromise, and ardently opposed to the established social and economic policy regime.In It's Even Worse Than It Looks, congressional scholars Thomas Mann and Norman Ornstein identify two overriding problems that have led Congress -- and the United States -- to the brink of institutional collapse. The first is the serious mismatch between our political parties, which have become as vehemently adversarial as parliamentary parties, and a governing system that, unlike a parliamentary democracy, makes it extremely difficult for majorities to act. Second, while both parties participate in tribal warfare, both sides are not equally culpable. The political system faces what the authors call &"asymmetric polarization," with the Republican Party implacably refusing to allow anything that might help the Democrats politically, no matter the cost.With dysfunction rooted in long-term political trends, a coarsened political culture and a new partisan media, the authors conclude that there is no &"silver bullet"; reform that can solve everything. But they offer a panoply of useful ideas and reforms, endorsing some solutions, like greater public participation and institutional restructuring of the House and Senate, while debunking others, like independent or third-party candidates. Above all, they call on the media as well as the public at large to focus on the true causes of dysfunction rather than just throwing the bums out every election cycle. Until voters learn to act strategically to reward problem solving and punish obstruction, American democracy will remain in serious danger.
| Author | : Larry P. Arnn |
| Publisher | : HarperChristian + ORM |
| Total Pages | : 224 |
| Release | : 2013-10-08 |
| Genre | : Political Science |
| ISBN | : 1595554734 |
Today the integrity and unity of the Declaration of Independence and the Constitution are under attack by the Progressive political movement. And yet, writes Larry P. Arnn: “The words of the Declaration of Independence ring across the ages. The arrangements of the Constitution have a way of organizing our actions so as to produce certain desirable results, and they have done this more reliably than any governing instrument in the history of man. Connect these arrangements to the beauty of the Declaration and one has something inspiring and commanding.” From Chapter 2, The Founders’ Key Dr. Arnn, president of Hillsdale College, reveals this integral unity of the Declaration and the Constitution. Together, they form the pillars upon which the liberties and rights of the American people stand. United, they have guided history’s first self-governing nation, forming our government under certain universal and eternal principles. Unfortunately, the effort to redefine government to reflect “the changing and growing social order” has gone very far toward success. Politicians such as Franklin Roosevelt found ways to condemn and discard the Constitution and to redefine the Declaration to justify government without limit. As a result, both documents have been weakened, their influence diminished, and their meaning obscured—paving the way for the modern administrative state, unaccountable to the will of the people. The Founders’ Key is a powerful call to rediscover the connection between these two mighty documents, and thereby restore our political faith and revive our free institutions.
| Author | : David Perkins |
| Publisher | : John Wiley & Sons |
| Total Pages | : 306 |
| Release | : 2003-01-14 |
| Genre | : Business & Economics |
| ISBN | : 9780471237723 |
Your organization functions and grows through conversations face-to-face and electronic, from the mailroom to the boardroom. The quality of those conversations determines how smart your organization is. This revelatory book shows you how the Round Table of Arthurian legend can help foster collaboration and transform today s world of business, nonprofits, and government. "When I want a group to work effectively, I turn immediately to my colleague of thirty-five years, David Perkins. This book is a distillation of his knowledge and wisdom." Howard Gardner author of Frames of Mind: The Theory of Multiple Intelligences and Intelligence Reframed "David Perkins applies his wit and inventive mind to create a fresh perspective on the world of collaboration in organizations. His archetypes and toolboxes offer valuable insights to anyone facing the challenges of collaborative problem solving." David Straus author of How to Make Collaboration Work
| Author | : Larry Kramer |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 380 |
| Release | : 2004 |
| Genre | : History |
| ISBN | : 9780195306453 |
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
