[PDF] Cities In Federal Constitutional Theory eBook

Author : Erika Arban
Publisher : Oxford University Press
Page : 241 pages
File Size : 27,26 MB
Release : 2022-08-18
Category : Constitutional law
ISBN : 0192843273

GET BOOK

The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

Author : Erika Arban
Publisher : Oxford University Press
Page : 241 pages
File Size : 10,6 MB
Release : 2022-07-25
Category : Law
ISBN : 0192655000

GET BOOK

The city as an independent subject of theorisation and investigation is an underexamined area of constitutional law. Although in recent years scholars have started to explore the legal dimension and place of urban areas, the study of cities as constitutional subjects remains very new, with a solid theoretical foundation yet to be established. Against this backdrop of general under-theorisation of cities in constitutional law and federalism, Cities in Federal Constitutional Theory seeks to offer a fresh theoretical account of cities as federalism subjects, exploring the increased importance they have acquired from political, economic, socio-cultural, and demographic perspectives. This volume directly addresses the relationship between cities, federalism, and localism (or subsidiarity), and responds to concerns about the scarcity of innovative theoretical discussion on the topic, while at the same time redefining accepted concepts like subsidiarity. Bringing together theoretical reflections on the city from established scholars, this edited collection significantly enriches the field of federal constitutional theory.

Author : Signe Rehling Larsen
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 14,6 MB
Release : 2021-02-04
Category : Law
ISBN : 0198859260

GET BOOK

This book departs from the 'statist' imagination by suggesting the EU is a federal union of states, or a federation. Dedicated to the constitutional theory of federalism, this book gives the strengths and weaknesses of a federation as a political form, its histories, and current perils for the EU.

Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 14,46 MB
Release : 2020
Category : Law
ISBN : 019092277X

GET BOOK

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

Author : J. Harvie Wilkinson
Publisher : OUP USA
Page : 174 pages
File Size : 37,65 MB
Release : 2012-03-12
Category : Law
ISBN : 0199846014

GET BOOK

What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Author : Richard H. FALLON
Publisher : Harvard University Press
Page : 199 pages
File Size : 39,89 MB
Release : 2009-06-30
Category : Law
ISBN : 0674036670

GET BOOK

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

Author : Ernst-Wolfgang Böckenförde
Publisher : Oxford University Press
Page : 449 pages
File Size : 30,68 MB
Release : 2017
Category : Law
ISBN : 0198714963

GET BOOK

In this representative edition of Ernst-Wolfgang Bockenforde's definitive work in constitutionalism, law, and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court.

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 30,71 MB
Release : 2017-06-06
Category : Law
ISBN : 110712753X

GET BOOK

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Author : Randy E. Barnett
Publisher : Aspen Publishing
Page : 473 pages
File Size : 17,4 MB
Release : 2023-02-28
Category : Law
ISBN :

GET BOOK

An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.

Author : Harri Kalimo
Publisher :
Page : pages
File Size : 12,7 MB
Release : 2016
Category :
ISBN :

GET BOOK

While state-level environmental policies are relatively well known and researched as complements to and gap-fillers for federal environmental policy in the U.S., a level of government below that -- cities -- remains less well-charted territory. Considering the prominence of urbanization in demographic and economic developments globally, this seems striking. Cities not only address traditional local environmental challenges such as land use, but increasingly broader issues such as climate change and sustainability more generally. The developments raise an important question: do cities face limitations in fulfilling such a role? This paper proposes to explore the limitations that local environmental policymaking may confront by innovatively combining two strands of research: public choice theory and constitutional law. The public choice-based theory of Paul E. Peterson famously argues that informal, economic limits constrain cities' activities to those that further the city's economic development. The Dormant Commerce Clause, on the other hand, defines a formal set of constitutional law limitations on city-level environmental policy-making. The limits are analyzed using a case study of extended producer responsibility, a rapidly growing form of policy that is indicative of modern approaches in environmental governance. From the dual perspective of public choice theory and constitutional law, cities are shown, in fact, to be relatively unconstrained in conducting environmental policy at the local level. Moreover, the study concludes that the combination of Peterson's theory and the Dormant Commerce Clause offers mutually supportive insights on the judicial and political value reconciliation conundrums that city level decision-making may entail.