New Frontiers of State Constitutional Law - 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 New Frontiers of State Constitutional Law write by James A. Gardner. This book was released on 2010-12-14. New Frontiers of State Constitutional Law available in PDF, EPUB and Kindle. New Frontiers of State Constitutional Law: Dual Enforcement of Norms projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This book shatters the old image of American federalism as creating distinct systems of constitutional law. Instead, it shows how national and state constitutions and constitutional law are permanently and intimately linked.
Global Environmental Constitutionalism
Global Environmental Constitutionalism - 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 Global Environmental Constitutionalism write by James R. May. This book was released on 2015. Global Environmental Constitutionalism available in PDF, EPUB and Kindle. Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
New Frontiers of State Constitutional Law
New Frontiers of State Constitutional Law - 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 New Frontiers of State Constitutional Law write by James A. Gardner. This book was released on 2011-10-24. New Frontiers of State Constitutional Law available in PDF, EPUB and Kindle. Chapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Proportionality
Proportionality - 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 Proportionality write by Vicki C. Jackson. This book was released on 2017-09-21. Proportionality available in PDF, EPUB and Kindle. With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds.
New Frontiers of State Constitutional Law
New Frontiers of State Constitutional Law - 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 New Frontiers of State Constitutional Law write by James A. Gardner. This book was released on 2017. New Frontiers of State Constitutional Law available in PDF, EPUB and Kindle. This collection of essays projects a new vision for state constitutional law, reflecting a shift in legal thinking about the relationship between national and subnational systems of constitutional law. In addition to chapters by the editors, James Gardner and Jim Rossi, the collection includes chapters by Neal Devins, Helen Hershkoff, Jacob Levy, Daniel Rodriguez, Lawrence Sager, and Robert Schapiro. Together the essays chart a new course that gives voice to a recent, rising chorus of dissent among scholars and judges - namely that national and subnational systems of constitutional law cannot be adequately understood in isolation from one another. To the contrary, they are linked in a web of jurisprudential, social, and pragmatic connections structured by the American system of federalism. Here, multiple layers of constitutional law function together in a complex, interdependent process in which constitutional norms are developed, articulated, and enforced. These essays illuminate the role that state constitutions must play in any theory of federalism, and exemplify a fresh approach to state constitutionalism by discussing a range of issues, including recent debates regarding state constitutional protections for same-sex marriage. The entire work embraces the struggle between state and national power for dominance in American law and places both on equal ground. It contends that constitutional meaning in a federal system is never static and that it evolves over time. In addition to covering methods of judicial review, it discusses the handling of constitutional claims by courts at the state and national level and closely examines the way that courts and constitutions protect individual rights and allocate governmental powers in a federal system.
