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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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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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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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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 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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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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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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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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Law, Liberty and the Constitution : A Brief History of the Common Law
A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Throughout English history the rule of law and the preservation of liberty have been inseparable, and both are intrinsic to England's constitution.This accessible and entertaining history traces the growth of the law from its beginnings in Anglo-Saxon times to the present day.It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties.This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predating that of any other European country - from almost wholly Anglo-Saxon elements.Yet by theseventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide.Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties.It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice.The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism.Devoid ofjargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cordof the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence.He has authored books on the death penalty and Scottish history andwrote and presented an award-winning series on the history of the common law for the BBC.
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Reinterpreting the Constitution : How the Supreme Court Changes the Law
In the Senate Confirmation Hearings on his nomination, Chief Justice John Roberts memorably stated that he believed that the proper role of judges is "to call balls and strikes," an analogy repeated by Justice Kavanaugh in his hearings.This book makes clear, however, that the justices have often changed the strike zone.They have overruled past precedent, significantly expanded or limited prior rulings, created new constitutional rights such as that protecting same-sex marriage, while striking down constitutional rights recognized for many years, including a woman's right to choose an abortion.The book carefully reviews some 200 cases, highlighting what the justices themselves have said in explaining their rulings.It also notes how the dissenting opinions are particularly valuable in explaining the dissenters' often accurate contentions that some decisions significantly changed prior precedent.The book begins with cases decided in the 19th and 20th centuries to give the background of the constitutional issues discussed, but the overall focus is on 21st-century decisions since they have accelerated changes in constitutional law.
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Central Issues in Jurisprudence : Justice, Law and Rights
Central Issues in Jurisprudence is a clear introduction to the major theories and arguments which currently dominate discussion in jurisprudence.The work enables students to read the original writers with a real understanding of how the theories relate to each other, and how these theories cluster around certain fundamental issues.Combining lucid exposition with commentary, the author provides a penetrating analysis of each theory examined, and a deep understanding of the problems addressed.
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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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Why is the Basic Law not called the Constitution?
The Basic Law is not called the Constitution because of historical and political reasons. When Germany was divided into East and West Germany after World War II, the West German government did not want to create a new constitution that would imply permanent division. Instead, they adopted the Basic Law as a temporary legal framework until reunification could occur. Even after reunification, the Basic Law was kept in place as a way to maintain continuity and stability. Additionally, the term "constitution" was avoided to prevent any legal claims from the former East German government, which had its own constitution.
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Was the Socialist Law in accordance with the constitution?
The Socialist Law, implemented in Germany in 1878, was not in accordance with the constitution at the time. It restricted civil liberties, such as freedom of speech, assembly, and the press, which were guaranteed by the constitution. The law was seen as a way to suppress socialist and communist movements in the country, rather than upholding the principles of the constitution.
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