Constitutional Morality And The Rise Of Quasi Law PDF Download
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Author | : Bruce P. Frohnen |
Publisher | : Harvard University Press |
Total Pages | : 303 |
Release | : 2016-06-13 |
Genre | : Law |
ISBN | : 0674968921 |
Download Constitutional Morality and the Rise of Quasi-Law Book in PDF, ePub and Kindle
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Author | : Bruce P. Frohnen |
Publisher | : Harvard University Press |
Total Pages | : 304 |
Release | : 2016-06-13 |
Genre | : Law |
ISBN | : 0674088875 |
Download Constitutional Morality and the Rise of Quasi-Law Book in PDF, ePub and Kindle
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Author | : A.V. Dicey |
Publisher | : Springer |
Total Pages | : 729 |
Release | : 1985-09-30 |
Genre | : Social Science |
ISBN | : 134917968X |
Download An Introduction to the Study of the Law of the Constitution Book in PDF, ePub and Kindle
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Author | : Sebastian Edwards |
Publisher | : Princeton University Press |
Total Pages | : 288 |
Release | : 2019-09-10 |
Genre | : Business & Economics |
ISBN | : 0691196044 |
Download American Default Book in PDF, ePub and Kindle
The untold story of how FDR did the unthinkable to save the American economy.
Author | : Lee J. Strang |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2019-08-08 |
Genre | : History |
ISBN | : 1108475639 |
Download Originalism's Promise Book in PDF, ePub and Kindle
Provides the first natural law justification for an originalist interpretation of the American Constitution.
Author | : Philip Hamburger |
Publisher | : University of Chicago Press |
Total Pages | : 646 |
Release | : 2014-05-27 |
Genre | : Law |
ISBN | : 022611645X |
Download Is Administrative Law Unlawful? Book in PDF, ePub and Kindle
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author | : M. J. C. Vile |
Publisher | : |
Total Pages | : 0 |
Release | : 1998 |
Genre | : History |
ISBN | : 9780865971752 |
Download Constitutionalism and the Separation of Powers Book in PDF, ePub and Kindle
Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
Author | : Cass R. Sunstein |
Publisher | : Harvard University Press |
Total Pages | : 209 |
Release | : 2020-09-15 |
Genre | : Law |
ISBN | : 0674247531 |
Download Law and Leviathan Book in PDF, ePub and Kindle
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.
Author | : George Wescott Carey |
Publisher | : |
Total Pages | : 0 |
Release | : 1989 |
Genre | : Law |
ISBN | : 9780865971387 |
Download In Defense of the Constitution Book in PDF, ePub and Kindle
In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Author | : Armin von Bogdandy |
Publisher | : Oxford University Press |
Total Pages | : 448 |
Release | : 2017-06-16 |
Genre | : Law |
ISBN | : 0192515462 |
Download Transformative Constitutionalism in Latin America Book in PDF, ePub and Kindle
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.