Tài liệu miễn phí Luật học
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American constitutional law, to paraphrase
Charles Evans Hughes, is what the Supreme
Court says it is. But of course it is much more
than that. Constitutional law is constantly informed
by numerous actors’ understandings of the
meaning of the United States Constitution.
Lawyers, judges, politicians, academicians, and, of
course, citizens all contribute to the dialogue that
produces constitutional law. Consequently, the
Constitution remains a vital part of American public
life, continuously woven into the fabric of our
history, politics, and culture. Our goal in writing
this textbook is to illustrate this premise in the context
of the most salient and important provisions of
the Constitution....
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This book is based on a PhD thesis written between September 1997 and
December 2000 at the European University Institute in Florence, under the joint
supervision of Giuliano Amato and Jean-Victor Louis.
The viva took place on 5 March 2001. The examining board was composed
of my supervisors, Gráinne de Búrca, Koen Lenaerts and Peter Oliver. I would
like to thank them for their comments, criticism and suggestions. I am especially
grateful to my supervisors, who were always of great help.
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In 1899 the English writer Rudyard Kipling penned a poem
entitled ‘‘The White Man’s Burden.’’ The phrase is now famous,
though few probably know that Kipling was its author. Fewer still know the
full title: ‘‘The White Man’s Burden: The United States and the Philippine
Islands.’’ Kipling published the poem to implore the United States, which had
just defeated Spain in a war, to assume control of Spain’s former colonies. By
the end of the nineteenth century the United States had grown into an
economic giant and had shown itself capable of vanquishing a once great
European nation. Now,...
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This is a book about the paths of constitutional development culminating
in the U.S. Supreme Court’s landmark civil liberties and civil rights jurisprudence
of the 1960s and 1970s. The roads to Mapp v. Ohio (1961) (search
and seizure/privacy), University of California Board of Regents v. Bakke (1978)
(affirmative action), Engle v. Vitale (1962) (separation of church and state),
and other emblematic decisions marking the high tide of twentieth-century
constitutional liberalism, I argue here, should be understood not as the issue
of a single, linear and unidimensional path marked by the post–New
Deal Court’s newfound willingness to protect “personal” (as opposed to
“economic”) rights and liberties, and tracing out the...
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Supreme Court justices are an aging tribe. Their longevity is a product
of the legal safeguards established to ensure their independence.
They are entitled to serve (and keep on serving) during “good behavior,”
which means (in practical effect) as long as they want to. And they
invariably want to for a very long time. The justices now in place are an
especially elderly lot. Then again, they, too, are mortal. Vacancies occasionally
appear to be fi lled by comparatively youthful men and women
whose nominations evoke heated debate....
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Europe’s constitutional journey has not been a smooth one. On the contrary, it is not
an exaggeration to say that Europe’s search for a constitution has turned out to be an
opening of Pandora’s box: In the controversy surrounding the European Constitution,
all kinds of quarrels and debates are cast on issues ranging from the enlargement
of the European Union to its legal-political nature, from the legitimacy of the
Union to its very identity, from the role the Union should play in the world to the
way its actions influence daily life in its smallest regions....
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Republican legal theory is not new, not complicated and not very controversial,
once it is understood; but neither is it very well known, to most lawyers and
politicians. Republican doctrines, institutions and attitudes dominate the
political and legal structures of North America and Western Europe, and
recently also of South America and Eastern Europe, with growing influence
in Asia and Africa, but the theoretical coherence and republican nature of
most such political and legal advances go unremarked and unexamined....
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This volume of essays reappraises what we call the constitutional fundamentals
of EU foreign relations law. We use the term foreign relations law
to cover all EU external relations law, including each of the three pillars of
the existing European Union architecture. Indeed, one important factor
that explains the publication of this volume at this particular time is the
planned entry into force, in 2009, of the Treaty of Lisbon which creates a
modified and much more unified framework for the whole of the EU’s
foreign relations....
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My previous work, Making Civil Rights Law: Thurgood Marshall and the Supreme
Court, 1936-1961 (Oxford University Press, 1994), examines Marshall's legal
career before his appointment to the federal bench in 1961. The first chapter of
this book describes Marshall's route to the Supreme Court from 1961 to 1967. The
remainder of the book uses Marshall's experience on the Supreme Court as a
vehicle for examining the Court as a whole during his tenure. Treating Marshall
and his office as lenses through which we can view the Supreme Court, I locate the
Court in the historical and political context of 1967 to 1991....
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This book brings together two of the important intellectual or theoretical
issues of concern to students of comparative constitutional law as it has developed
in the United States over the past decade. First, what is the proper role
of courts in constitutional systems that generally comply with rule-of-law requirements?
Second, what substantive rights do, should, or can constitutions
guarantee? Should they protect second-generation social and economic rights
and third-generation cultural and environmental rights, and if so, how, and in
what venues? I argue that the comparative study of constitutions brings out
underappreciated connections between the answers to these two questions....
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Territorial autonomy is an important constitutional phenomenon, but because the
sub-state entities that can be identified as territorial autonomies are relatively small,
the phenomenon is often overlooked in systematic presentations of constitutional
law. This is not to say that treatises of national constitutional law would completely
lack information about territorial autonomies, but the internal functioning of substate
entities, in particular, is not known to a wider audience.
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The federal government’s use of new data technologies, specifically
knowledge discovery in databases (KDD) applications, for
counterterrorism purposes presents a serious challenge to existing
constitutional privacy protections. The book explores whether this
practice infringes upon constitutional privacy rights in general and the
right to information privacy in particular. It includes a review of
privacy scholarship as well as a broad discussion of how constitutional
privacy has been conceptualized by the U.S. Supreme Court and the
U.S. Circuit Courts of in three types of privacy cases: First Amendment
anonymous speech and association cases, Fourth Amendment privacy
cases, and cases involving the emerging information privacy doctrine....
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The course of constitution-making within Europe has never run less smoothly.
At the time of writing, French and Dutch electorates have inflicted a brutal
blow upon the aspirations of European sentimentalists everywhere, rejecting
the adoption of the draft constitutional treaty for Europe. As a consequence,
the putative ‘European Constitution’ – so carefully drawn up by the European
Constitutional Convention and so firmly approved by an Intergovernmental
Conference – now languishes in limbo, a seemingly unloved and unlovable
document, and simple testament to the failure of European parliamentarians
and governments to force a true constitutive moment within Europe....
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FORTY YEARS AFTER Van Gend en Loos and Costa v ENEL, it has
become a truism to say that ‘every national court in the European
Community is now a Community law court’.1 ‘Juges communautaires
de droit commun, (..), ils sont les juges des litiges qui naissent de l’insertion de
droit communautaire dans les ordres juridiques nationaux’.2 To put it in the
words of the Court of First Instance, ‘when applying [Community law], the
national courts are acting as Community courts of general jurisdiction’.3
The national courts are first in line to enforce and apply Community law
within the Member States....
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Portions of this book appeared previously in Gary Lawson and Guy
Seidman, The First ‘‘Establishment’’ Clause: Article VII and the Post-
Constitutional Confederation, 78 Notre Dame L Rev 83 (2002); Gary Lawson
and Guy Seidman, The Hobbesian Constitution: Governing without Authority,
95 Nw UL Rev 581 (2001); and Gary Lawson, Territorial Governments
and the Limits of Formalism, 78 Cal L Rev 853 (1988). We are grateful to the
Notre Dame Law Review, the Northwestern Law Review, and the California
Law Review for permission to reproduce those materials....
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Tham khảo sách 'the n-directional approach to constitutive laws', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả
8/30/2018 2:27:27 AM +00:00
Tham khảo sách 'american constitutional law volume i sources of power and restraint', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả
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Over the last 30–40 years, the former territories of the British Caribbean have been
a laboratory in which the generally accepted ‘Westminster System’ is being adapted
to suit the patterns of behaviour of the people of the area.
Sir Fred Phillips has played an active part in some of these processes of adaptation
and in other cases he has been an informed observer whose advice has been sought
by the participants themselves.
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Th e literature on the relationship between Victorian England and imperial India
is growing with a welcome contribution from Subaltern Study scholars. Th e latter
increasingly emphasize the dynamics, the bilateral relationship between the
two societies. Previous assumptions of the passive role of indigenous peoples in
those processes have been overturned by varied empirical studies.2 Scholars are
increasingly turning their gaze to questions of empire, colonialism and postcolonialism,
in order to provide an understanding of imperialism, and to the
dynamics of imperialist technologies to the colonial project....
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Earl Warren was Chief Justice for fifteen years, and left the Supreme Court
almost forty years ago. Yet the constitutional scholarship inspired by the
Warren Court continues to haunt both scholarly and popular understandings
of the Supreme Court. Landmark liberal rulings during Warren’s
tenure inspired seminal works in constitutional theory that introduced the
terminology and theoretical constructs that many scholars continue to use
as they try to understand the ongoing role of the Court in the political
system....
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This book is based on my doctoral thesis from the University of Virginia in 2004.
Such work cannot be completed without considerable assistance from others. My
greatest debt of gratitude is to my thesis adviser, Barry Cushman, for his advice,
patience and generosity. I also benefited from advice and comments from his
colleagues John C. Harrison and A. E. Dick Howard. I am profoundly grateful to
them all.
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The Universal Declaration of Human Rights and the European Convention on Human Rights proclaim that everyone has the right to freedom of thought, conscience and religion, including freedom to manifest their religion or belief in worship, teaching, practice and observance. Even today, in our democratic societies too, this fundamental right is still sometimes restricted and meets with hostility and intolerance. Using concrete examples, the author compares and analyses the protection of the right to freedom of religion in the case-law of European constitutional courts and of the European Court of Human Rights of the Council of Europe, in order to...
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This new issue of Law and Anthropology encapsulates a selection of the most
salient contributions presented at the International Expert Seminar on ‘Indigenous
Peoples, Constitutional States and Treaties or other Constructive Arrangements
between Peoples and States’, held in Seville under the auspices of the Universidad
Internacional de Andalucía and the Agencia Española de Cooperación
Internacional, on September 10-14, 2001. This meeting was inspired by the final
recommendations of Miguel Alfonso Martínez’s Study on Treaties, Agreements and
Other Constructive Arrangements between States and Indigenous Populations [Final
Report, E/CN.4/Sub.2/1999/20]. The original core contributions of the conference
are flanked in this volume by additional papers elaborated on the occasion of a
homonimous International...
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Tham khảo sách 'the dynamic constitution an introduction to american constitutional law', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả
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A few years ago, I read a lengthy article in a prominent law journal about
the constitutional power to declare war. The article ably presented opposing
views regarding the enduring debate between those who argue for
congressional pre-eminence over war-related decisions and those who
believe that the president possesses great war-making discretion. But,
the author offered a startling categorical finding that he said “all scholars
have missed”: namely, that “the Founders denied the President a veto
over congressional decisions to wage war. . . ....
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Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is, and how judges decide what it means. The Constitution, he observes, grants individual rights in extremely abstract terms. The First Amendment prohibits the passing of laws that “abridge the freedom of speech”; the Fifth Amendment insists on “due process of law”; and the Fourteenth Amendment demands “equal protection of the laws” for all persons.
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The first requirement for a comparative approach to constitutional
politics—politics of the creation and reconstruction of political
order—is to broaden its scope by shifting the focus of analysis from
constitutionalism to constitution-making. I have argued elsewhere that
constitution-making often has little to do with constitutionalism.1 Although
it still retains its association with the original eighteenth-century idea of the
constituent power of the representatives of the people, constitution- making
has performed different functions in different historical periods, and it
should be added, in different regions of the world in the same period....
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Tham khảo sách 'state liability in investment treaty arbitration: global constitutional and administrative law in the bit generation', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả
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This book deals with an Ayyubid-Mamluk Egyptian jurist's attempt to come to terms with the potential conflict between power, represented in the state, and authority, represented in the schools of law, particularly where one school enjoys a privileged status with the state. It deals with the history of the relationship between the schools of law, particularly in Mamluk Egypt, in the context of the running history of Islamic law from the formative period during which ijtihad was the dominant hegemony into the post-formative period during which taqlid came to dominate....
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This timely book addresses a number of enduring debates regarding the
political and legal trajectory of the European Union’s evolving constitutional
framework, namely the role and nature of social policy. On the
one hand, the purse strings of the national welfare states are still firmly
guarded by the Member States, which retain the power to tax and grant
benefits.
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