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Author : Michael Warner
Publisher :
Page : 32 pages
File Size : 48,86 MB
Release : 1987
Category : Constitutional law
ISBN :
Author : Michael Warner
Publisher : Harvard University Press
Page : 228 pages
File Size : 38,58 MB
Release : 2009-06-01
Category : Antiques & Collectibles
ISBN : 9780674044883
The subject of Michael Warner's book is the rise of a nation. America, he shows, became a nation by developing a new kind of reading public, where one becomes a citizen by taking one's place as writer or reader. At heart, the United States is a republic of letters, and its birth can be dated from changes in the culture of printing in the early eighteenth century. The new and widespread use of print media transformed the relations between people and power in a way that set in motion the republican structure of government we have inherited. Examining books, pamphlets, and circulars, he merges theory and concrete analysis to provide a multilayered view of American cultural development.
Author : Keith E. Whittington
Publisher :
Page : 328 pages
File Size : 46,98 MB
Release : 1999
Category : Social Science
ISBN :
With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.
Author : Richard Albert
Publisher : Routledge
Page : 266 pages
File Size : 26,72 MB
Release : 2018-11-01
Category : Law
ISBN : 1351038966
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Author : Philip Bobbitt
Publisher : Oxford University Press
Page : 298 pages
File Size : 41,29 MB
Release : 1984-03-15
Category : Law
ISBN : 0199878587
Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
Author : Richard Albert
Publisher : Springer
Page : 389 pages
File Size : 43,44 MB
Release : 2018-09-03
Category : Law
ISBN : 3319951416
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Author : Alessandro Portelli
Publisher : Columbia University Press
Page : 446 pages
File Size : 13,98 MB
Release : 1994-01-05
Category : Literary Criticism
ISBN : 9780231504881
The Text and the Voice
Author : Simon Joseph Gilhooley
Publisher :
Page : 367 pages
File Size : 34,26 MB
Release : 2014
Category :
ISBN :
In this dissertation, I engage issues associated with the particular nature of the American Constitution, seeking why and how Americans have come so strongly to identify with the Constitution as a text, and with the framers of that document as authors of that text. This identification remains a central part of American political culture, placing limits upon what is ideologically permissible within the polity. Examining newspapers accounts, I trace the historical origins of the close association of the American Constitution with its "framers"--An idea that has currency through popular constitutional interpretation via "framer intent." I locate the genesis of this idea within three ideational environments within the early American Republic. These are (1) the emergence of the Author figure as a method of ordering texts, (2) the veneration of the founders and their association with the Constitution, and (3) the divergence of legal and non-elite constitutional interpretations. Each of these developmental strands contributed in forming a constellation within which claims of framer intent could come to carry weight. The final component of the dissertation explores the culmination of these processes within the debates over abolition with the District of Columbia in the 1830s, and the resultant turn to constitutional understandings predicated upon beliefs as to the framers' intentions rather than the text of the Constitution.
Author : Leslie Friedman Goldstein
Publisher : Rowman & Littlefield
Page : 248 pages
File Size : 27,91 MB
Release : 1991
Category : Law
ISBN : 9780847676996
'...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM
Author : Eric Slauter
Publisher : University of Chicago Press
Page : 387 pages
File Size : 31,27 MB
Release : 2009-05
Category : History
ISBN : 0226761959
The founding of the United States after the American Revolution was so deliberate and monumental in scope that the key actors considered this new government to be a work of art framed from natural rights. Recognizing the artificial nature of the state, these early politicians believed the culture of a people should inform the development of their governing rules and bodies. The author explores these central ideas in this account of the origins and meanings of the U.S. Constitution. He reveals the cultural histories upon which the document rests, highlights the voices of ordinary people, and considers how the artifice of the state was challenged in its effort to sustain inalienable natural rights alongside slavery and to achieve political secularization at a moment of growing religious expression.