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Understanding State Constitutions
  • Language: en
  • Pages: 261

Understanding State Constitutions

  • Categories: Law

For many Americans, the word "constitution" means just one thing: the national Constitution. According to a recent survey, almost half do not know that individual states also have constitutions. Scholars have also paid little attention to state constitutions, favoring the apparently more dynamic and significant federal scene. G. Alan Tarr seeks to change that in this landmark book. A leading authority on state legal issues, he combines history, law, and political science to present a thorough and long-needed account of the distinct and important role of state constitutions in American life. Tarr shows that state constitutional politics are dominated by three crucial issues with little salien...

Judicial Process and Judicial Policymaking
  • Language: en

Judicial Process and Judicial Policymaking

  • Type: Book
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  • Published: 2019
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  • Publisher: Unknown

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Judicial Process and Judicial Policymaking
  • Language: en
  • Pages: 456

Judicial Process and Judicial Policymaking

This text takes a mainstream approach to judicial process. It examines the role courts play in governing, the processes by which courts operate, various forms of judicial policymaking, consequences of important judicial policies, and the courts as objects of public policy. This text has a strong judicial policymaking emphasis and cross-cultural theme.

Without Fear or Favor
  • Language: en
  • Pages: 280

Without Fear or Favor

  • Categories: Law

The impartial administration of justice and the accountability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another. At the national level, the U.S. Constitution resolves this tension in favor of judicial independence, insulating judges from the undue influence of other political institutions, interest groups, and the general public. But at the state level, debate has continued as to the proper balance between judicial independence and judicial accountability. In this volume, constitutional scholar G. Alan Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reigning concep...

Federalism, Subnational Constitutions, and Minority Rights
  • Language: en
  • Pages: 256

Federalism, Subnational Constitutions, and Minority Rights

  • Categories: Law

Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.

American Constitutional Law, Volume I
  • Language: en
  • Pages: 1606

American Constitutional Law, Volume I

  • Type: Book
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  • Published: 2018-05-04
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  • Publisher: Routledge

This book considers the distribution of power in the national government and explores how the constitutional scheme of separation of powers and checks and balances grants and controls power. It examines how the American Constitution and its amendments oblige the national and state governments.

Constitutional Dynamics in Federal Systems
  • Language: en
  • Pages: 353

Constitutional Dynamics in Federal Systems

Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available...

Constitutional Politics in the States
  • Language: en
  • Pages: 256

Constitutional Politics in the States

  • Categories: Law
  • Type: Book
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  • Published: 1996-04-18
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  • Publisher: Praeger

The reliance on state declarations of rights to expand rights protections during the last two decades has highlighted the political importance of state constitutions. Yet, throughout American history up to the present day, state constitutions have been the battleground for fundamental political conflicts. This edited volume analyzes the efforts of various groups to achieve their ends via constitutional revision and constitutional amendments, examines the responses to controversial state constitutional rulings, and assesses the consequences of constitutional politics on substantive state policy.

American Constitutional Law: The structure of government
  • Language: en

American Constitutional Law: The structure of government

AMERICAN CONSITITUTIONAL LAW provides a comprehensive account of the nation's defining document. Based on the premise that the study of the Constitution and constitutional law is of fundamental importance to understanding the principles, prospects, and problems of America, the text puts current events in terms of what those who initially drafted and ratified the Constitution sought to accomplish. Each volume examines the interpretations of a variety of sources, including the founding generation, the Supreme Court, lower federal courts and state judiciaries, and extrajudicial materials of constitutional significance (such as congressional acts and resolutions). Volume I focuses on federal rights and powers, and is appropriate for the first semester in the two-semester course sequence in Constitutional Law. Volume II focuses on individuals' rights and responsibilities and is appropriate for the second semester in the two-semester course sequence in Constitutional Law commonly called Civil Rights and Liberties.

Constitutional Origins, Structure, and Change in Federal Countries
  • Language: en
  • Pages: 479

Constitutional Origins, Structure, and Change in Federal Countries

Providing examples of diverse forms of federalism, including new and mature, developed and developing, parliamentary and presidential, and common-law and civil law, the comparative studies in this volume analyse government in Australia, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Switzerland, and the United States. Each chapter describes the provisions of a constitution, explains the political, social, and historical factors that influenced its creation, and explores its practical application, how it has changed, and future challenges, offering valuable ideas and lessons for federal constitution-making and reform.Contributors include Ignatius Ayua Akaayar ...