Suchergebnisse

'Power to the People' proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism - and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.

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.

An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations.

Abstract and concrete review (Michael C. Dorf) -- Judicial independence (Judith Resnik) -- Federal powers and the principle of subsidiary (Daniel Halberstam) -- Separation of powers and parliamentarian government (Laurence P. Claus) -- Property rights (Gregory S. Alexander) -- Abortion rights (Radhika Rao) -- Review of laws having racially disparate impacts (Adrien Katherine Wing) -- Affirmative action and benign discrimination (Ashutosh Bhagwat) -- Discrimination on the basis of sexual orientation (Nan D. Hunter) -- Review of laws having a disparate impact based on gender (Vicki C. Jackson) -- Free speech and the incitement of violence or unlawful behavior : statutes directed at speech (Stephen G. Gey) -- Free speech and the incitement of violence or unlawful behavior : statutes not specifically directed at speech (Stephen G. Gey) -- Regulation of hate speech (Michel Rosenfeld) -- Regulation of campaign finance (Richard L. Hasen) -- Religious freedom (Alan E. Brownstein) -- State action doctrine (Frank I. Michelman)

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

This research review presents and discusses a carefully considered selection of the most significant articles to aid and 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 descriptions and comparisons among a large number of domestic jurisdictions. Written by a leading authority in the field, this comprehensive and timely review is an essential resource for academics and practitioners alike

"The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem "Jabberwocky" are "unquestionably shielded" by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting "the freedom of speech," even though none involves what we typically think of as speech - the use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as "speech" for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of "speech." While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment." - Publisher's website

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.

Constitutional democracy in crisis? : introduction / Mark A. Graber, Sanford Levinson, and Mark Tushnet -- Constitutional crisis and constitutional rot / Jack M. Balkin -- Defining and tracking the trajectory of liberal constitutional democracy / Tom Ginsburg and Aziz Z. Huq -- Is the sky falling? : constitutional crises in historical perspective / Zachary Elkins -- Constitutional failure revisited / Ellen Kennedy -- What's new? what's next? : threats to the American constitutional order / Jennifer Hochschild -- The Trump presidency : a constitutional crisis in the United States? / Eric A. Posner -- The democratic resilience of the Canadian constitution / Richard Albert and Michael Pal -- Constitutional culture and democracy in Mexico : a critical view of the 100-year-old Mexican constitution / Ana Micaela Alterio and Roberto Niembro -- Constitution-making and authoritarianism in Venezuela : the first time as tragedy, the second as farce / David E. Landau -- Latin America: constitutions in trouble / Roberto Gargarella -- Brexit optimism and British constitutional renewal / Erin F. Delaney -- France and the Fifth Republic : constitutional crisis or political malaise? / Nicolas Roussellier -- Constitutional crisis in Spain : the Catalan secessionist challenge / Victor Ferreres Comella -- A coup against constitutional democracy : the case of Hungary / Gábor Halmai -- Constitutional crisis in Poland? / Wojciech Sadurski -- Beyond legitimacy : Europe's crisis of constitutional democracy / Michaela Hailbronner -- State capture or institutional resilience : is there a crisis of constitutional democracy in South Africa / Heinz Klug -- Three types of constitutional crisis in sub-Saharan Africa / James Thuo Gathii -- Stealth authoritarianism in Turkey / Ozan O. Varol -- Israel : a crisis of liberal democracy? / Yaniv Roznai -- Constitutional erosion and the challenge to secular democracy in India / Manoj Mate -- Australia's non-populist democracy? : the role of structure and policy / Rosalind Dixon and Anika Gauja -- Constitutional inertia in Asia / David Law and Chien-Chih Lin -- Populism versus democratic governance / Samuel Issacharoff -- Populism, racism, and the rule of law in constitutional democracies today / Desmond King and Rogers M. Smith -- Inherent instability : immigration and constitutional democracies / T. Alexander Aleinikoff -- The party's over / Kim Lane Scheppele -- Religious talk in narratives of membership / Ran Hirschl and Ayelet Shachar -- Economic inequality and constitutional democracy / Ganesh Sitaraman -- Disabling constitutional capacity : global economic law and democratic decline / David Schneiderman -- Will democracy die in darkness? : calling autocracy by its name / Sujit Choudhry -- The normal exception / Oren Gross -- The climate crisis and constitutional democracies / Robert V. Percival -- The crumbling of European democracy / J.H.H. Weiler -- Comparing right-wing and left-wing populism / Mark Tushnet -- The continuing specter of popular sovereignty and national self-determination in an age of political uncertainty / Sanford Levinson -- What's in crisis? : the postwar constitutional paradigm, tranformative constitutionalism, and the fate of constitutional democracy/ mark a. graber