Constitutional Construction - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Construction write by Keith E. Whittington. This book was released on 2009-06-01. Constitutional Construction available in PDF, EPUB and Kindle. This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Construction Construed, and Constitutions Vindicated
Construction Construed, and Constitutions Vindicated - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Construction Construed, and Constitutions Vindicated write by John Taylor. This book was released on 1820. Construction Construed, and Constitutions Vindicated available in PDF, EPUB and Kindle.
Constitutional Construction
Constitutional Construction - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitutional Construction write by Chester James Antieau. This book was released on 1982. Constitutional Construction available in PDF, EPUB and Kindle. "Courts at times speak of the need for 'interpretation' of constitutions, professedly being concerned only with the 'meaning' of the words employed in the organic laws...However, the far greater task of constitutional adjudication is one requiring 'construction' of the fundamental law. This term is of broader scope than 'interpretation' and properly refers to that legal significance which is to be given to constitutional clauses and words...Approaches of the courts to constitutional construction can be categorised as (a) historical, (b) philosophical, and (c) sociological...There are a halfhundred guides to construction (customarily referred to as 'the canons of construction') which are regularly utilized by the courts of most of the world in dealing with constitutional language, and these guides are treated at length in the second chapter. Succeeding chapters investigate fully the historical and philosophical materials used by the courts in constitutional construction, as well as the methodology of interessenjurisprudenz or the jurisprudence of interests in adjudicating constitutional controversies." -- from the Introduction, p. xxiii-xxiv.
Constitution Construction
Constitution Construction - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constitution Construction write by Bentley Boyd. This book was released on 2003. Constitution Construction available in PDF, EPUB and Kindle.
Building the Constitution
Building the Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Building the Constitution write by James Fowkes. This book was released on 2016-12-15. Building the Constitution available in PDF, EPUB and Kindle. This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
