Suchergebnisse

Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the 18th Century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process

The institution of criminal charges against critical or disfavored legislators by the King of England was the prime factor prompting the long struggle for parliamentary privilege and, in the context of the American system of separation of powers, is the predominant thrust of the speech or debate clause. If the privilege of legislative immunity is to perform its traditional function of permitting legislators to carry out their legislative functions without fear of prosecution or harrassment from the executive and judicial branches, it should be applied broadly to effectuate its intended purpose of preserving the independence of the legislature and public good that such independence fosters. To hold, however, that the privilege of legislative immunity is a bar to a legislator's criminal prosecution in a given case does not mean necessarily that he will not be punished for his transgressions, because Congress has the power to reprimand or expel misbehaving members." The power to punish members is broad in scope, extending to all cases in which the offense is, in the judgment of the House or Senate, inconsistent with the trust and duty of a member.' Congressional discipline for misconduct,however, has been rare and, as a practical matter, cannot be relied upon with certainty to vindicate those injured by congressional malfeasance. Nevertheless, safeguards for the public against improper use of the privilege accorded legislators are placed by the Constitution in the hands of the electorate, because the electorate can refuse to return a dishonest legislator to office. The combination of the congressional corrective and the possibility of public disgrace should deter legislators from criminal conduct as effectively as criminal penalties

The genealogy of the Batak people -- I. Genealogical structure: the kinship system -- II. Religious concepts -- III. The corporate communities (haradjaon) -- IV. Some general observations -- V. Matrimonial law (Adat pardongan-saripeon) -- VI. Inheritance law (Adat taringot tu tadingtadingan) -- VII. The law of land tenure (Adat partanoon) -- VIII. The law relating to debts (Adat dibagasan pardabu-dabuanon) -- IX. The law of offences (Panguhumon tu angka parsala) -- X. Settling disputes (Ruhut ni parhataon) -- Appendices -- Index of Batak words -- Legal Maxims and Aphorisms.

Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not to insist upon compensation to each aggrieved property owner. In other cases, the opposite is true -- compensation to individuals makes sense, but payment by the responsible government agency does not. Uncoupling efficiency and justice would invigorate the law of takings.

Basic principles of American law -- The jury system -- The legal profession -- Constitutional law : individual rights -- Civil procedure and the federal courts -- Contracts -- Tort and product liability -- Property -- Intellectual property -- Criminal law and procedure -- Business law -- Marriage and the family -- Administrative law