Suchergebnisse

Cover -- Title Page -- Copyright Page -- Dedication -- Contents -- Introduction -- 1. Instrumental Music and the First Amendment -- 2. Art and the First Amendment -- 3. Nonsense and the Freedom of Speech: What Meaning Means for the First Amendment -- 4. Going Further: Additional Problems and Concluding Thoughts -- Acknowledgments -- Notes -- Bibliography -- Index -- About the Authors

"[This] three-volume set provides a carefully considered selection of the most important articles to guide research into comparative constitutional law. Topics covered include historical studies of public law in different nations, theoretical accounts of rights and structures, detailed examinations of particular features common to many constitutions, and comparisons between a significant number of domestic jurisdictions. Together with an original introduction by the editor, this...research collection [contains 61 articles, dating from 1987 to 2015]."--

"The first paperback edition of a classic of American constitutional theory. The book is divided into two parts. In Part I Professor Tushnet appraises the five major competing "grand theories" of constitutional law and interpretation, and, argues that none of them satisfy their own requirements for coherence and judicial constraint. In Part II the author offers a descriptive sociology of constitutional doctrine and raises critical questions as to whether a grand theory is necessary, is it possible to construct a coherent, useful grand theory, and is construction of an uncontroversial grand theory possible? Professor Tushnet's new Afterword is organized in parallel fashion to the original text. Part I offers a new survey of the contemporary terrain of constitutional interpretation. Part II provides an extended discussion of the most prominent of contemporary efforts to provide an external analysis of constitutional law, the idea of regime politics. This includes discussion of major court decisions, including Bush v. Gore and Citizens United"--

"Professor Tushnet's book is a healthy antidote to the prevailing mode of American constitutional scholarship."-Frederick Schauer, Georgetown Law Journal "[Professor Tushnet's] contributions to the debates about constitutional interpretation and insights into the dynamics of constitutional theory and doctrine are invaluable. In the final analysis, he forces us not only to remain intellectually honest but also to question the precepts by which we choose to run our government and live our lives."-Michael J. Gerhardt, Texas Law Review "Red, White, and Blue ranks with Laurence Tribe's Constitutional Choices in its ambition, erudition, and importance. Tushnet's rejection of the five unitary grand theories . . . deserves attention, and, I believe, acclaim."-Philip Bobbitt, Stanford Law Review.

Unstable constitutionalism / Mark Tushnet and Madhav Khosla -- How to do constitutional law and politics in South Asia / Sujit Choudhry -- The locus of sovereign authority in Nepal / Mara Malagodi -- Representation, regime, and resistance in Nepal / Mahendra Lawoti -- Constitutionalism and extra-constitutionalism in Pakistan / Mohammad Waseem -- The judicialization of politics in Pakistan : the Supreme Court after the lawyers' movement / Osama Siddique -- Elections in democratic Bangladesh / M. Jashim Ali Chowdhury -- The indian supreme court and the art of democratic positioning / Pratap Bhanu Mehta -- The judicialization of politics in Bangladesh : pragmatism, legitimacy, and consequences / Ridwanul Hoque -- Debating federalism in Sri Lanka and Nepal / Rohan Edrisinha -- Constitutional form and reform in post-War Sri Lanka : towards a plurinational understanding / Asanga Welikala -- Constitutional federalism in the Indian Supreme Court / Sudhir Krishnaswamy.

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.

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

Introduction : the handbook of the United States Constitution -- The Constitution from 1620 to the early republic / David Brian Robertson -- Constitutional developments from Jackson through reconstruction / Michael Les Benedict -- The gilded age through the progressive era / Ken I. Kersch -- From the new deal through the Reagan revolution / Lucas A. Powe, Jr -- The Reagan revolution to the present / Thomas M. Keck -- Constitutions as basic structure / Neil Komesar -- The constitutional politics of Congress / Neal Devins -- The constitutional politics of the executive branch / Mariah Zeisberg -- The constitutional politics of the judiciary / Justin Crowe -- The uneasy place of parties in the constitutional order / Russell Muirhead, and Nancy L. Rosenblum -- Social movements and the Constitution / Mark Tushnet -- The administrative state : law, democracy, and knowledge / Adrian Vermeule -- The resilience of the American federal system / Jenna Bednar -- Empire / Bartholomew H. Sparrow -- The evolution of America's fiscal Constitution / Bill White -- The executive power / Stephen M. Griffin -- Enforcing the Fifteenth Amendment / Ellen D. Katz -- The power of judicial review / Keith E. Whittington -- Delegation, accommodation, and the permeability of constitutional and ordinary law / Gillian E. Metzger -- Federalism / Michael S. Greve -- Equality / Julie Novkov -- Liberty / James E. Fleming, and Linda C. McClain -- Property in the United States Constitution / Jedediah Purdy -- Gender, sex, and the U.S. Constitution / Leslie F. Goldstein -- Racial rights / Girardeau A. Spann -- Autonomy (of individuals and private associations) / Dale Carpenter -- Citizenship / Gerald L. Neuman -- Religion / Winnifred Fallers Sullivan -- Free speech and free press / Stephen M. Feldman -- Criminal procedure / Carol S. Steiker -- Habeas Corpus / Paul D. Halliday -- Native Americans / Matthew L. M. Fletcher -- Positive rights / Emily Zackin -- The right to bear arms / Saul Cornell -- Constitutionalism / Mark E. Brandon -- Emergency powers / Oren Gross -- Constitutional authority / Wayne D. Moore -- Is constitutional law really law? / David A. Strauss -- Constitutionalism outside the courts / Ernest A. Young -- State constitutionalism / John Dinan -- Interpretation / Jamal Greene -- Constitutional change / Gerard N. Magliocca -- The U.S. Constitution and international law / Vicki C. Jackson -- The Constitution in comparative perspective / Heinz Klug -- Education and the Constitution : defining the contours of governance, rights, and citizenship / Elizabeth Beaumont -- The economics of constitutional law / Maxwell L. Stearns -- The Constitution and United States culture / Paul W. Kahn

1. Revolutions in Middle East and Northern Africa -- 2. Islamic constitutionalism and the Arab Spring -- 3. Unsuccessful revolutions within the Arab Spring wave : the cases of Morocco and Libya -- 4. The case of Tunisia : history of personal constitutionalism -- 5. The case of Egypt.