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The North Carolina State Constitution

The North Carolina State Constitution
Author: John V. Orth
Publisher: Oxford University Press
Total Pages: 255
Release: 2013-03-14
Genre: Law
ISBN: 0199300658

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North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North 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 North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." 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.


Law and Society in the South

Law and Society in the South
Author: John Wertheimer
Publisher: University Press of Kentucky
Total Pages: 294
Release: 2009-01-01
Genre: Law
ISBN: 0813173310

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Law and Society in the South reconstructs eight pivotal legal disputes heard in North Carolina courts between the 1830s and the 1970s and examines some of the most controversial issues of southern history, including white supremacy and race relations, the teaching of evolution in public schools, and Prohibition. Finally, the book explores the various ways in which law and society interacted in the South during the civil rights era. The voices of racial minorities-some urging integration, others opposing it-grew more audible within the legal system during this time. Law and Society in the South divulges the true nature of the courts: as the unpredictable venues of intense battles between southerners as they endured dramatic changes in their governing values.


North Carolina Reports

North Carolina Reports
Author: North Carolina. Supreme Court
Publisher:
Total Pages: 930
Release: 1898
Genre: Law reports, digests, etc
ISBN:

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Cases argued and determined in the Supreme Court of North Carolina.


Law and Judicial Duty

Law and Judicial Duty
Author: Philip HAMBURGER
Publisher: Harvard University Press
Total Pages: 705
Release: 2009-06-30
Genre: Law
ISBN: 0674038193

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Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.


'To Save the People from Themselves'

'To Save the People from Themselves'
Author: Robert J. Steinfeld
Publisher: Cambridge University Press
Total Pages: 451
Release: 2021-09-30
Genre: History
ISBN: 1108839231

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A far-reaching re-interpretation of the origins of American judicial review.


The Aristocracy of the Long Robe

The Aristocracy of the Long Robe
Author: Jack M. Sosin
Publisher: Praeger
Total Pages: 384
Release: 1989-09-26
Genre: Law
ISBN:

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Is judicial review constitutionally required or even authorized? Can it be said whether the federal courts exercise this power with the consent of the electorate? Sosin addresses these challenging questions in the broad context of the Anglo-American historical experience. He examines the evolution of courts of judicature and legislatures and the contests for power that were waged from the seventeenth to eighteenth century. The origins of the English court system and the establishment of common law are first described. The author traces the rise in judicial and parliamentary power that occurred with the erosion of the royal prerogative and discusses the constitutional and legal heritage that provided the framework for law, courts, and legislatures in colonial America. Following an examination of political, legislative, and legal development during the colonial period, Sosin looks at the philosophical and ideological controversies that influenced the framing of the Constitution, particulary the conflicting views of the proper relationship between the legislature and judiciary. Despite the emphatic opposition voiced by some framers to giving judges the power to overturn legislative action by ruling on the constitutionality of federal laws, the Supreme Court was able to declare itself the final arbiter and ultimate interpreter of the Constitution as early as the first decade of the nineteenth century. The author's analysis indicates that the Court's assumption of the power of judicial review was neither inevitable politically nor the logical result of the founders desire to limit government and protect the rights of individuals against interferences by public authority. Echoing early English and American political figures, Sosin asks whether this expanded, arbitrary judicial power can be considered appropriate in a representative democracy. The product of meticulous research and careful historical analysis, this provocative study will be relevant reading for a variety of courses in American government, political science, and history.


Judicial Review of Administrative Action

Judicial Review of Administrative Action
Author: Swati Jhaveri
Publisher: Cambridge University Press
Total Pages: 447
Release: 2021-03-18
Genre: Law
ISBN: 1108481574

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Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.


Law and Leviathan

Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 209
Release: 2020-09-15
Genre: Law
ISBN: 0674247531

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From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.


Local Government in North Carolina

Local Government in North Carolina
Author: Gordon P. Whitaker
Publisher:
Total Pages: 120
Release: 2003
Genre: Local government
ISBN:

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