[PDF] The Informal Constitution eBook

Author : Abhinav Chandrachud
Publisher : Oxford University Press
Page : 328 pages
File Size : 24,21 MB
Release : 2020-11-30
Category : Law
ISBN : 0190992999

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Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.

Author : William Quirk
Publisher : Routledge
Page : 332 pages
File Size : 49,96 MB
Release : 2018-02-06
Category : Law
ISBN : 1351525514

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It's often said, confirmed by survey data, that the American people are losing confidence in their government. But the problem may be the reverse--the government has lost confidence in the people. Increasingly the power to make decisions in our democracy has been shifted from Congress to the court system, forcing non-elected officials to make decisions which affect the lives of Americans. In a society which is based on the democratic elections of its officials, this is clearly backwards. Quirk maintains that what he calls "The Happy Convention," an informal and unwritten rearrangement of "passing the buck" of government powers, is done to avoid blame and approval ratings becoming lower for a particular person or party. For example, The Happy Convention assigns the power to declare and make war to the President. Congress and the Court play a supporting role--Congress, when requested, gives the President a blank check to use force--the Court throws out any challenges to the legality of the war. Everyone wins if the war avoids disaster. If it turns out badly, the President is held accountable. His ratings fall, reelection is out of the question, congressmen say he lied to them; his Party is likely to lose the next election. In this way, Quirk reminds us that The Happy Convention is not what the Founders intended for us. For democracy to work properly, the American people have to know what options they have. Courts and Congress argues the case for reestablishing the balance of powers between the courts, the Congress, and the Presidency.

Author : Russell L. Weaver
Publisher : Aspen Publishing
Page : 407 pages
File Size : 45,84 MB
Release : 2014-12-08
Category : Law
ISBN : 1454824247

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With dynamic learning features and visual aids, the Inside Series helps you make the most of your study time, throughout the semester and as you prepare for the final. Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.

Author : Fred Lee
Publisher : Temple University Press
Page : 0 pages
File Size : 35,73 MB
Release : 2018-09-07
Category : Philosophy
ISBN : 9781439915752

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Extraordinary racial politics rupture out of and reset everyday racial politics. In his cogent book, Fred Lee examines four unusual, episodic, and transformative moments in U.S. history: the 1830s–1840s southeastern Indian removals, the Japanese internment during World War II, the post-war civil rights movement, and the 1960s–1970s racial empowerment movements. Lee helps us connect these extraordinary events to both prior and subsequent everyday conflicts. Extraordinary Racial Politics brings about an intellectual exchange between ethnic studies, which focuses on quotidian experiences and negotiations, and political theory, which emphasizes historical crises and breaks. In ethnic studies, Lee draws out the extraordinary moments in Michael Omi and Howard Winant’s as well as Charles Mills’s accounts of racial formation. In political theory, Lee considers the strengths and weaknesses of using Carl Schmitt’s and Hannah Arendt’s accounts of public constitution to study racial power. Lee concludes that extraordinary racial politics represent both the promises of social emancipation and the perils of state power. This promise and peril characterizes our contentious racial present.

Author : Stephen M. Griffin
Publisher :
Page : 21 pages
File Size : 24,95 MB
Release : 2016
Category :
ISBN :

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Amid much recent American work on the problem of informal constitutional change, this article stakes out a distinctive position. I argue that theories of constitutional change must address more directly the question of the relationship between the "small c" and "big C" Constitution and treat seriously the possibility of conflict between them. I stress the role the text of the Constitution and structural doctrines of federalism and separation of powers play in this relationship and thus in constitutional change, both formal and informal. I therefore counsel against theories that rely solely on a practice-based approach or analogies between "small c" constitutional developments and British or Commonwealth traditions of the "unwritten" constitution and constitutional "conventions". In particular, I critique theories developed by Karl Llewellyn, Ernest Young, Adrian Vermeule, and David Strauss. The alternative I advocate is to approach constitutional change from a historicist perspective that uses work from American political development scholarship to focus attention on how state building and the creation of new institutional capacities are linked to constitutional change. This approach will allow us to make progress by highlighting that there can be multiple constitutional orders in a given historical era, thus accounting for the conflictual nature of contemporary constitutional development.

Author : A. Hines
Publisher : AuthorHouse
Page : 356 pages
File Size : 21,95 MB
Release : 2009-03-12
Category : History
ISBN : 1467858331

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Our Constitution is a plan to build a limited government, guaranteeing that federal authorities never have the privilege of unlimited taxation, of invading other lands without cause, of removing the local traditions and cultures of its people, or of undermining their business and property. Over the past 150 years, and the last 50 in particular, America's elect have eliminated the plain and common sense approach our forefathers established. Our Declaration of Independence reminds us that the people ever maintain the right to abolish or alter their form of government so as to assure their safety and happiness. James Madison concludes It is therefore essential that such changes be instituted by some informal and unauthorized propositions, made by some patriotic and respectable citizen or number of citizens." This book details such a plan.

Author : Abhinav Chandrachud
Publisher :
Page : 320 pages
File Size : 14,15 MB
Release : 2020-07-16
Category :
ISBN : 9780190127664

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Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria whichare used for appointing judges to the Supreme Court: age, seniority, and diversity. This book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.

Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
Page : 644 pages
File Size : 22,39 MB
Release : 2012-09-11
Category : History
ISBN : 0465029574

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Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Author : Richard Albert
Publisher : Oxford University Press
Page : 320 pages
File Size : 41,33 MB
Release : 2019-07-15
Category : Law
ISBN : 0190640499

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Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.