Constitutions and the Commons - 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 Constitutions and the Commons write by Blake Hudson. This book was released on 2014-03-26. Constitutions and the Commons available in PDF, EPUB and Kindle. Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.
A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union
A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union - 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 A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union write by Thomas McIntyre Cooley. This book was released on 1903. A Treatise on the Constitutional Limitations which Rest Upon the Legislative Power of the States of the American Union available in PDF, EPUB and Kindle.
Governing the Commons
Governing the Commons - 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 Governing the Commons write by Elinor Ostrom. This book was released on 2015-09-23. Governing the Commons available in PDF, EPUB and Kindle. Tackles one of the most enduring and contentious issues of positive political economy: common pool resource management.
The Cult of the Constitution
The Cult of 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 The Cult of the Constitution write by Mary Anne Franks. This book was released on 2019-05-14. The Cult of the Constitution available in PDF, EPUB and Kindle. “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Tools of Justice
Tools of Justice - 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 Tools of Justice write by Kalpana Kannabiran. This book was released on 2013-02-01. Tools of Justice available in PDF, EPUB and Kindle. In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.
