Автор: Heffernan Название: Privacy and the American Constitution ISBN: 331943134X ISBN-13(EAN): 9783319431345 Издательство: Springer Рейтинг: Цена: 102480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law.
At last, a book about constitutional interpretation that speaks plain English and makes sense. It’s the best work I know on the subject, yet that subject is not the one it’s mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It’s also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge.Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of ChicagoA powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law.Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law
Автор: Everson, Michelle Eisner, Julia Название: Making of a european constitution ISBN: 0415574455 ISBN-13(EAN): 9780415574457 Издательство: Taylor&Francis Рейтинг: Цена: 46950.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of 'procedural' constitutionalism.
Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial 'identification' of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a 'mythology' of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself.
European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of 'constitutional adjudication' but, as The Making of a European Constitution documents, rather through a practical process.
Автор: Bagehot, Walter Название: The English Constitution ISBN: 0199539014 ISBN-13(EAN): 9780199539017 Издательство: Oxford Academ Рейтинг: Цена: 9490.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Walter Bagehot's The English Constitution (1867) is the best account of the history and workings of the British political system ever written. As arguments raged in mid-Victorian Britain about giving the working man the vote, and democracies overseas were pitched into despotism and civil war, Bagehot took a long, cool look at the "dignified" and "efficient" elements which made the English system the envy of the world. His analysis of the monarchy, the role of the prime minister and cabinet, and comparisons with the American presidential system are astute and timeless, pertinent to current discussions surrounding devolution and electoral reform. Combining the wit and panache of a journalist with the wisdom of a man of letters steeped in evolutionary ideas and historical knowledge, Bagehot produced a book which is always thoughtful, often funny, and surprisingly entertaining.This edition reproduces Bagehot's original 1867 work in full, and introduces the reader to the dramatic political events that surrounded its publication. About the Series: For over 100 years Oxford World's Classics has made available the broadest spectrum of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, voluminous notes to clarify the text, up-to-date bibliographies for further study, and much more.
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