Constitutional Construction PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Construction PDF full book. Access full book title Constitutional Construction.
Author | : Keith E. Whittington |
Publisher | : Harvard University Press |
Total Pages | : 315 |
Release | : 2009-06-01 |
Genre | : Law |
ISBN | : 0674045157 |
Download Constitutional Construction Book in PDF, ePub and Kindle
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Author | : Theodore Sedgwick |
Publisher | : |
Total Pages | : 750 |
Release | : 1874 |
Genre | : Constitutional law |
ISBN | : |
Download A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law Book in PDF, ePub and Kindle
Author | : Chester James Antieau |
Publisher | : |
Total Pages | : 296 |
Release | : 1982 |
Genre | : Law |
ISBN | : |
Download Constitutional Construction Book in PDF, ePub and Kindle
"Courts at times speak of the need for 'interpretation' of constitutions, professedly being concerned only with the 'meaning' of the words employed in the organic laws...However, the far greater task of constitutional adjudication is one requiring 'construction' of the fundamental law. This term is of broader scope than 'interpretation' and properly refers to that legal significance which is to be given to constitutional clauses and words...Approaches of the courts to constitutional construction can be categorised as (a) historical, (b) philosophical, and (c) sociological...There are a halfhundred guides to construction (customarily referred to as 'the canons of construction') which are regularly utilized by the courts of most of the world in dealing with constitutional language, and these guides are treated at length in the second chapter. Succeeding chapters investigate fully the historical and philosophical materials used by the courts in constitutional construction, as well as the methodology of interessenjurisprudenz or the jurisprudence of interests in adjudicating constitutional controversies." -- from the Introduction, p. xxiii-xxiv.
Author | : Bentley Boyd |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Caricatures and cartoons |
ISBN | : 9780972961622 |
Download Constitution Construction Book in PDF, ePub and Kindle
Author | : Masuji Miyakawa |
Publisher | : |
Total Pages | : 284 |
Release | : 1906 |
Genre | : Constitutional law |
ISBN | : |
Download Powers of the American People, Congress, President, and Courts Book in PDF, ePub and Kindle
Author | : Theodore Sedgwick |
Publisher | : BoD – Books on Demand |
Total Pages | : 746 |
Release | : 2024-01-12 |
Genre | : Fiction |
ISBN | : 3368853899 |
Download A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law Book in PDF, ePub and Kindle
Reprint of the original, first published in 1874.
Author | : E. Fitch Smith |
Publisher | : |
Total Pages | : 1040 |
Release | : 1848 |
Genre | : Constitutional law |
ISBN | : |
Download Commentaries on Statute and Constitutional Law and Statutory and Constitutional Construction Book in PDF, ePub and Kindle
Author | : John Taylor |
Publisher | : |
Total Pages | : 360 |
Release | : 1820 |
Genre | : Banking law |
ISBN | : |
Download Construction Construed, and Constitutions Vindicated Book in PDF, ePub and Kindle
Author | : Albert Hutchinson Putney |
Publisher | : |
Total Pages | : 396 |
Release | : 1908 |
Genre | : Law |
ISBN | : |
Download United States constitutional law. State constitutions. Statutory construction Book in PDF, ePub and Kindle
Author | : Jabez Gridley Sutherland |
Publisher | : |
Total Pages | : 880 |
Release | : 1904 |
Genre | : Law |
ISBN | : |
Download Statutes and Statutory Construction Book in PDF, ePub and Kindle