Constitutional Triumphs, Constitutional Disappointments - 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 Triumphs, Constitutional Disappointments write by Rosalind Dixon. This book was released on 2018-04-19. Constitutional Triumphs, Constitutional Disappointments available in PDF, EPUB and Kindle. The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.
Restoring the Lost Constitution
Restoring the Lost 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 Restoring the Lost Constitution write by Randy E. Barnett. This book was released on 2013-11-24. Restoring the Lost Constitution available in PDF, EPUB and Kindle. The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Ratification
Ratification - 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 Ratification write by Pauline Maier. This book was released on 2011-06-07. Ratification available in PDF, EPUB and Kindle. The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.
The Politico-Legal Dynamics of Judicial Review
The Politico-Legal Dynamics of Judicial Review - 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 The Politico-Legal Dynamics of Judicial Review write by Theunis Roux. This book was released on 2018-09-06. The Politico-Legal Dynamics of Judicial Review available in PDF, EPUB and Kindle. Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Madison’s Hand
Madison’s Hand - 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 Madison’s Hand write by Mary Sarah Bilder. This book was released on 2015-10-19. Madison’s Hand available in PDF, EPUB and Kindle. Winner of the Bancroft Prize Winner of the James Bradford Best Biography Prize, Society for Historians of the Early American Republic Finalist, Literary Award for Nonfiction, Library of Virginia Finalist, George Washington Prize James Madison’s Notes on the 1787 Constitutional Convention have acquired nearly unquestioned authority as the description of the U.S. Constitution’s creation. No document provides a more complete record of the deliberations in Philadelphia or depicts the Convention’s charismatic figures, crushing disappointments, and miraculous triumphs with such narrative force. But how reliable is this account? “[A] superb study of the Constitutional Convention as selectively reflected in Madison’s voluminous notes on it...Scholars have been aware that Madison made revisions in the Notes but have not intensively explored them. Bilder has looked closely indeed at the Notes and at his revisions, and the result is this lucid, subtle book. It will be impossible to view Madison’s role at the convention and read his Notes in the same uncomplicated way again...An accessible and brilliant rethinking of a crucial moment in American history.” —Robert K. Landers, Wall Street Journal
