[PDF] The Invisible Constitution Of Politics eBook

Author : Laurence H. Tribe
Publisher : Oxford University Press
Page : 372 pages
File Size : 39,43 MB
Release : 2008-09-17
Category : Law
ISBN : 019974095X

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As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.

Author : Antje Wiener
Publisher : Cambridge University Press
Page : 266 pages
File Size : 38,46 MB
Release : 2012-03-15
Category : Political Science
ISBN : 9781107404403

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As social practices now frequently extend beyond national boundaries, experiences and expectations about fair and legitimate politics have become increasingly fragmented. Our ability to understand and interpret others and to tolerate difference, rather than overcome diversity, is therefore at risk. This book focuses on the contested meanings of norms in a world of increasing international encounters. The author argues that cultural practices are less visible than organisational practices, but are constitutive for politics and need to be understood and empirically 'accounted' for. Comparing four elite groups in Europe, Antje Wiener shows how this invisible constitution of politics matters. By comparing individual interpretations of norms such as democracy and human rights, she shows how they can mean different things, even to frequently travelling elite groups.

Author : Antje Wiener
Publisher :
Page : 0 pages
File Size : 33,82 MB
Release : 2012
Category :
ISBN :

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As social practices now frequently extend beyond national boundaries, experiences and expectations about fair and legitimate politics have become increasingly fragmented. Our ability to understand and interpret others and to tolerate difference, rather than overcome diversity, is therefore at risk. This book focuses on the contested meanings of norms in a world of increasing international encounters. The author argues that cultural practices are less visible than organizational practices, but are constitutive for politics and need to be understood and empirically 'accounted' for. Comparing four elite groups in Europe, Antje Wiener shows how this invisible constitution of politics matters. By comparing individual interpretations of norms such as democracy and human rights, she shows how they can mean different things, even to frequently traveling elite groups.

Author : Rosalind Dixon
Publisher : Cambridge University Press
Page : 595 pages
File Size : 32,78 MB
Release : 2018-11-08
Category : Law
ISBN : 110827885X

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Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

Author : Dan Smoot
Publisher : Good Press
Page : 408 pages
File Size : 44,73 MB
Release : 2023-08-22
Category : Fiction
ISBN :

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"The Invisible Government" by Dan Smoot. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Author : David Sloss
Publisher : Oxford University Press
Page : 473 pages
File Size : 49,91 MB
Release : 2016
Category : Law
ISBN : 0199364028

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This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.

Author : Martin Loughlin
Publisher : Harvard University Press
Page : 273 pages
File Size : 12,83 MB
Release : 2022-05-17
Category : LAW
ISBN : 0674268024

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A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Author : Ken I. Kersch
Publisher : Cambridge University Press
Page : 431 pages
File Size : 15,19 MB
Release : 2019-03-28
Category : History
ISBN : 0521193109

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Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.

Author : Antje Wiener
Publisher : Springer
Page : 104 pages
File Size : 48,94 MB
Release : 2014-08-14
Category : Political Science
ISBN : 3642552358

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The Theory of Contestation advances critical norms research in international relations. It scrutinises the uses of ‘contestation’ in international relations theories with regard to its descriptive and normative potential. To that end, critical investigations into international relations are conducted based on three thinking tools from public philosophy and the social sciences: The normativity premise, the diversity premise and cultural cosmopolitanism. The resulting theory of contestation entails four main features, namely types of norms, modes of contestation, segments of norms and the cycle of contestation. The theory distinguishes between the principle of contestedness and the practice of contestation and argues that, if contestedness is accepted as a meta-organising principle of global governance, regular access to contestation for all involved stakeholders will enhance legitimate governance in the global realm.