Products related to Constitution:
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The Social Constitution : Embedding Social Rights Through Legal Mobilization
In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized.Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally.Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims.These interactions ultimately construct the content and strength of the constitutional order.Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation.This title is part of the Flip it Open Programme and may also be available Open Access.Check our website Cambridge Core for details.
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Executive Self-Government and the Constitution
Over the last 25 years, UK governments have faced a series of challenges and changes of an intensity almost unprecedented in peacetime: some thrust upon them, some of their own making.Developments whose impact on the executive's place in the constitution are analysed in this volume include the global financial crisis in 2007/08, the 1997 Labour Government's programme of constitutional reform, the unexpected referendum result on withdrawal from the EU in 2016, the COVID-19 pandemic, the UK's withdrawal from the EU in 2020, and the energy and cost of living crisis that followed Russia's invasion of Ukraine in 2022.The volume's conception of the UK's executive government is of an autonomous actor within the constitution, endowed with significant discretion in relation to its own organisation and modes of operation.By examining how governments have responded to those developments--through the reform of executive institutions and their deployment of the essential governmental resources of people, money, laws, and information--, Executive Self-Government and the Constitution opens a window on the internal operations of the contemporary executive and permits an assessment of the resilience of its key constitutional characteristics. Building on the analysis of their original leading work The Executive in the Constitution (OUP 1999), Executive Self-Government and the Constitution assesses how the economic and political turbulence faced by successive governments since 1997 has affected its key constitutional features.
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Scotland's Constitution: Law and Practice
A clear, comprehensive account of Scottish constitutional law within its UK and European context.It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes:· An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution. This title is included in Bloomsbury Professional's Scottish Law and Scots Law Student online services.
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Civil Rights Actions : Enforcing the Constitution
This casebook provides the most complete treatment available of constitutional tort actions under 42 U.S.C. § 1983 and Bivens. The elaborate and increasingly controversial doctrines of official immunity are examined in detail, as is the possibility of direct governmental liability under Monell v.Dept. of Social Services. The Fifth Edition also provides complete coverage of the Civil Rights Attorney's Fees Award Act and its implications for constitutional tort litigation. The book also explores the relation of § 1983 to the Eleventh Amendment, to the potential overlap with federal habeas corpus, to the application of doctrines of preclusion, and to conflicts between state and federal law.It also provides an introduction to other Reconstruction Civil Rights Acts (§§ 1981, 1982, and 1985), to modern statutes such as Title VII and Title IX (which add sex discrimination to previously prohibited grounds of discrimination), and to structural reform litigation in schools and prisons.
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Why is the German constitution called Basic Law and not Constitution?
The German constitution is called Basic Law (Grundgesetz) because it was initially intended to be a temporary document, serving as a provisional constitution for West Germany after World War II. The framers of the Basic Law did not want to give the impression that it was a permanent constitution, as they hoped for eventual reunification with East Germany and the creation of a new, unified constitution. However, as reunification did not occur until 1990, the Basic Law has continued to serve as the constitution for the unified Germany, despite its original temporary nature.
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Does property rights supersede the constitution?
Property rights are protected by the constitution, but they do not necessarily supersede it. The constitution provides a framework for protecting property rights, but it also balances those rights with the broader interests of society. In some cases, the government may have the authority to limit or regulate property rights in the interest of public welfare, as long as it does so within the bounds of the constitution. Therefore, while property rights are important and protected, they are not absolute and must be balanced with other constitutional principles.
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Why are fundamental rights enshrined in the constitution?
Fundamental rights are enshrined in the constitution to protect the individual liberties and freedoms of citizens from government infringement. By explicitly outlining these rights in the constitution, it ensures that they are legally protected and cannot be easily taken away. This helps to uphold the rule of law, promote equality, and provide a framework for a just and democratic society. Additionally, enshrining fundamental rights in the constitution serves as a safeguard against potential abuses of power by the government.
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'In which constitution did one have more rights?'
The United States Constitution provides more rights to its citizens compared to the Confederate Constitution. The U.S. Constitution includes the Bill of Rights, which guarantees fundamental rights such as freedom of speech, religion, and the press, as well as the right to a fair trial and protection against cruel and unusual punishment. In contrast, the Confederate Constitution did not have a similar bill of rights and instead emphasized the rights of states to maintain slavery and secede from the Union. Therefore, the U.S. Constitution provided more rights to its citizens than the Confederate Constitution.
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Constitution Illustrated
R. Sikoryak is the master of the pop culture pastiche. In Masterpiece Comics, he interpreted classic literature with defining twentieth-century comics.With Terms and Conditions, he made the unreadable contract that everyone signs, and no one reads, readable.He employs his magic yet again to investigate the very framework of the country with Constitution Illustrated.By visually interpreting the complete text of the supreme law of the land with more than a century of American pop culture icons, Sikoryak distills the very essence of the government legalese from the abstract to the tangible, the historical to the contemporary.Among Sikoryak s spot-on unions of government articles and amendments with famous comic-book characters: the Eighteenth Amendment that instituted prohibition is articulated with Homer Simpson running from Chief Wiggum; the Fourteenth Amendment that solidifies citizenship to all people born and naturalized in the United States is personified by Ms. Marvel; and, of course, the Nineteenth Amendment offering women the right to vote is a glorious depiction of Wonder Woman breaking free from her chains.American artists from George Herriman (Krazy Kat) and Charles Schulz (Peanuts) to Raina Telgemeier (Sisters) and Alison Bechdel (Dykes to Watch Out For) are homaged, with their characters reimagined in historical costumes and situations.We the People has never been more apt.
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Constitution Book of 1723 : the Wilson Ms. Constitution
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Shaped by the Nuanced Constitution : A Critique of Common Law Constitutional Rights
There is growing judicial, academic and political interest in the concept of common law constitutional rights.Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately captures the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law.Advancing the idea of a ‘nuanced’ constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence.It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.
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Gay Rights and the Constitution : Cases and Materials
Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v.Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage.It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other.This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties. With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.
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Which fundamental rights are enshrined in the constitution?
The fundamental rights enshrined in the constitution typically include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. These rights are considered essential for the overall development and well-being of individuals and are protected by the constitution to ensure that every citizen is treated fairly and has the opportunity to live a dignified life. These rights form the foundation of a democratic society and are crucial for upholding the principles of justice, liberty, and equality.
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Why is the Weimar Constitution a vague law?
The Weimar Constitution, which was the constitution of Germany from 1919 to 1933, is considered vague because it was intentionally designed to be flexible and adaptable to the changing political and social conditions of the time. This vagueness allowed for a wide range of interpretations and gave the government the ability to respond to different situations as they arose. However, this flexibility also made the constitution susceptible to manipulation and abuse, ultimately contributing to the instability of the Weimar Republic and its eventual downfall.
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Is Islam compatible with the Basic Law (Constitution)?
Islam is compatible with the Basic Law (Constitution) in many countries, as it allows for freedom of religion and the practice of Islam. The Basic Law typically guarantees the right to freedom of religion and the protection of religious practices, which includes the practice of Islam. However, the interpretation and implementation of these rights may vary from country to country. It is important to note that the compatibility of Islam with the Basic Law depends on the specific legal framework and the interpretation of Islamic principles within that framework.
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What is the ancient Roman constitution? Is it a mixed constitution?
The ancient Roman constitution was a complex system of checks and balances that evolved over time. It consisted of various elements such as the Senate, the assemblies, and the magistrates, each with different roles and powers. While it had elements of a mixed constitution, with elements of monarchy, aristocracy, and democracy, it was not a pure mixed constitution like the one theorized by Aristotle. Instead, power in Rome was often concentrated in the hands of a few elite families, leading to periods of oligarchy and dictatorship.
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