The Constitution in Private Relations

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Author :
Release : 2005
Genre : Civil rights
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Book Rating : 135/5 ( reviews)

The Constitution in Private Relations - 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 Constitution in Private Relations write by András Sajó. This book was released on 2005. The Constitution in Private Relations available in PDF, EPUB and Kindle. The contributors of this volume address various issues pertaining to 'Third Party Effect'. It provides an in-depth analysis of jurisprudence, placing problems in a comparative legal and theoretical perspective. According to a classical tenet of constitutionalism the constitution and constitutional law deal with state actors. In the 20th century the concept of 'third party effect' emerged, which has seen constitutional rights and principles apply in private relations as well. This raises various questions, such as what are the jurisprudential and political reasons of this change? Is this concept brought about by the welfare state? What are its practical consequences? Is individual liberty enhanced when the state claims to promote a right? How do such understandings influence the role of constitutional and supreme courts? Are there equivalent doctrines to the third party effect? How does the trend influence government spending and redistribution? How does the US 'state action' doctrine compare with the third party/horizontal effect doctrine familiar in other domestic and international jurisdictions?

The Right to Privacy

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Release : 2018-04-05
Genre : Fiction
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Book Rating : 487/5 ( reviews)

The Right to Privacy - 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 Right to Privacy write by Samuel D. Brandeis, Louis D. Warren. This book was released on 2018-04-05. The Right to Privacy available in PDF, EPUB and Kindle. Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

The Federalist Papers

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Release : 2018-08-20
Genre : History
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Book Rating : 878/5 ( reviews)

The Federalist Papers - 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 Federalist Papers write by Alexander Hamilton. This book was released on 2018-08-20. The Federalist Papers available in PDF, EPUB and Kindle. Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Courts, Politics and Constitutional Law

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Release : 2019-10-16
Genre : Law
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Book Rating : 970/5 ( reviews)

Courts, Politics and 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 Courts, Politics and Constitutional Law write by Martin Belov. This book was released on 2019-10-16. Courts, Politics and Constitutional Law available in PDF, EPUB and Kindle. This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Extending Rights' Reach

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Release : 2018-03-13
Genre : Law
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Book Rating : 930/5 ( reviews)

Extending Rights' Reach - 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 Extending Rights' Reach write by Jud Mathews. This book was released on 2018-03-13. Extending Rights' Reach available in PDF, EPUB and Kindle. Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.