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| analysis of the constitution: The Constitution of the United States of America Mark Tushnet, 2015-08-27 This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today. |
| analysis of the constitution: An Economic Interpretation of the Constitution of the United States Charles A. Beard, 2012-03-08 This classic study — one of the most influential in the area of American economic history — questioned the founding fathers' motivations and prompted new perceptions of the supreme law of the land. |
| analysis of the constitution: On Reading the Constitution Laurence H. TRIBE, Michael C. Dorf, Laurence H Tribe, 2009-06-30 Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today. |
| analysis of the constitution: The Cult of the Constitution Mary Anne Franks, 2019-05-14 “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively. |
| analysis of the constitution: The Heritage Guide to the Constitution David F. Forte, Matthew Spalding, 2014-09-16 A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation |
| analysis of the constitution: Analyzing Florida's Constitution Patrick John McGinley, 2020-07-24 |
| analysis of the constitution: The People’s Constitution John F. Kowal, 2021-09-21 The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union. |
| analysis of the constitution: The Constitution of India Arun K Thiruvengadam, 2017-12-28 This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics. |
| analysis of the constitution: How to Read the Constitution—and Why Kim Wehle, 2019-06-25 “A must-read for this era” that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent). The Constitution is the most significant document in America. But do you fully understand what it means to you? In How to Read the Constitution—and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense language what is in the Constitution, and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how its protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment. This invaluable—and timely—resource includes the Constitution in its entirety and covers nearly every significant aspect of the text, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it, we could lose its protections forever. How to Read the Constitution—and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party. |
| analysis of the constitution: Constitutional Construction Keith E. Whittington, William Nelson Cromwell Professor of Politics and the Director of Graduate Studies in the Department of Politics Keith E Whittington, 2009-06-01 This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency. |
| analysis of the constitution: America's Unwritten Constitution Akhil Reed Amar, 2012-09-11 Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's warrented Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- Remembering the ladies : America's feminist Constitution -- Following Washington's lead: America's Georgian Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution. |
| analysis of the constitution: Interpreting Constitutions Jeffrey Denys Goldsworthy, 2006-02-09 This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances. |
| analysis of the constitution: The Constitution of Germany Werner Heun, 2011-01-01 The German Basic Law, enacted in 1949 after total defeat and the experience of totalitarian barbarism, has become a model for constitutions around the world and a prominent example of modern constitutionalism. It features five fundamental principles - democracy, rule of law/Rechtsstaat, the social state, republican government and federalism – each expressly guaranteed and protected against constitutional amendment. As such the German Basic Law is a prime example of a cooperative and predominantly executive federalism characterised by a high degree of unitarianism and equality of its member states. The institutional structure, featuring the principle of the separation of powers, is a parliamentary system of government, in which the Chancellor and the political parties play leading roles. The Bundestag remains a powerful Parliament, while the Bundesrat and the Prime Ministers of the Länder act as an important counterweight. The Constitutional Court, as interpreter of the Constitution and possessor of a broad range of competences, occupies an especially important position, acting as arbiter between the different Federal institutions as well as between the Federation and the Länder. In the field of fundamental rights the Court has achieved far-reaching constitutionalisation and juridification of the whole political system, while at the same time creating a strong and consistent system of individual freedom and the liberalisation of society. |
| analysis of the constitution: Keeping Faith with the Constitution Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder, 2010-08-05 Chief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as constitutional fidelity--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity. |
| analysis of the constitution: The Constitution of the United States of America United States, 2004 Updated edition- Year 2014-- The Constitution of the United States of America, Analysis and Interpretation 2014 Supplement: Analysis of Cases Decided by the Supreme Court to July 1, 2014 is available here: https://bookstore.gpo.gov/products/sku/052-071-01574-4 Senate Document 108-17. 2004 revision. Published at the direction of the U.S. Senate for the first time in 1913, it is popularly known as the “Constitution Annotated” or CONAN. This publication has been published as a bound edition every 10 years, with updates addressing new constitutional law cases issued every two years. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. The print version is used primarily by federal lawmakers, libraries and law firms. Other related products: Constitution, Jefferson's Manual, and Rules of the House of Representatives of the United States, One Hundred Fourteenth Congress can be found here: https://bookstore.gpo.gov/products/sku/052-071-01572-8 Civics and Citizenship Toolkit can be found here: https://bookstore.gpo.gov/products/sku/027-002-00575-9 The Citizen's Almanac: Fundamental Documents, Symbols, and Anthems of the United States can be found here: https://bookstore.gpo.gov/products/sku/027-002-00606-2 How Our Laws Are Made, 2007 can be found here: https://bookstore.gpo.gov/products/sku/052-071-01465-9 Our Flag can be found here: https://bookstore.gpo.gov/products/sku/052-071-01446-2 |
| analysis of the constitution: The Constitution Michael Stokes Paulsen, Luke Paulsen, 2017-01-03 The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy. |
| analysis of the constitution: The Constitution of Spain Victor Ferreres Comella, 2013-05-13 This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and local government. The last two chapters deal with the constitutional role of courts, and the protection of fundamental rights. The book includes some reflections on the challenges that lie ahead and the constitutional reforms that may need to be considered in the future. |
| analysis of the constitution: The Words That Made Us Akhil Reed Amar, 2021-05-04 A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today. |
| analysis of the constitution: A Detailed Analysis of the Constitution Edward Francis Cooke, 2002 The Constitution of the United States and its amendments are clearly explained phrase-by-phrase in this revised edition. Through instantaneous communication by audio and visual mass media, contemporary American society is constantly made aware of the vital impact of the national Constitution and its interpretations with regard to political, economic, and social issues. This concise analysis of the meaning of the Constitution, with expositions of the history and principles of constitutionalism, should provide better understanding of and respect for the basic law of the land. Intended to supplement standard texts in history and government and to serve as a reference for all interested citizens. |
| analysis of the constitution: The Constitution of Indonesia Simon Butt, Tim Lindsey, 2012-08-29 For decades, Indonesia's 1945 Constitution, the second shortest in the modern world, was used as an apologia by successive authoritarian regimes. A bare-bones text originally intended as a temporary measure, it did little beyond establish basic state organs, including a powerful presidency. It did not offer citizens real guarantees or protections. These weaknesses were ruthlessly exploited by the military-backed regime that President Soeharto headed from 1966 until his fall in 1998. The (first ever) amendments to the Constitution, which began the following year and were completed in 2002, changed all this. Enlarging and rethinking the Constitution, they ushered in a liberal democratic system based around human rights, an open society and separation of powers. These reforms also created a Constitutional Court that has provided Indonesia's first judicial forum for serious debate on the interpretation and application of the Constitution, as well as its first significant and easily-accessible body of detailed and reasoned judgments. Today, Indonesian constitutional law is rich, sophisticated and complex. This book surveys this remarkable constitutional transition, assessing the implementation of Indonesia's new constitutional model and identifying its weaknesses. After covering key institutions exercising executive, legislative and judicial powers, the book focuses on current constitutional debates, ranging from human rights to decentralisation, religious freedom and control of the economy. |
| analysis of the constitution: The Illinois Constitution George D. Braden, Rubin Goodman Cohn, 1969 |
| analysis of the constitution: America's Constitution Akhil Reed Amar, 2012-02-29 In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States. |
| analysis of the constitution: Commentaries on the Constitution of the United States Joseph Story, 1833 |
| analysis of the constitution: The Federalist Papers Alexander Hamilton, John Jay, James Madison, 2018-08-20 Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States. |
| analysis of the constitution: Conservatives and the Constitution Ken I. Kersch, 2019-03-28 Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future. |
| analysis of the constitution: The Constitution of the United Kingdom Peter Leyland (Lecturer in law), 2020 This acclaimed book provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. The third edition of The Constitution of the United Kingdom has been comprehensively revised and updated to take account of recent constitutional developments and debates. This includes: the revised framework for devolution following the 2014 referendum in Scotland, the constitutional ramifications of the realignment of UK politics reflected in the result of the 2015 general election and the debate over the possible replacement of the Human Rights Act 1998 with a British Bill of Rights. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged and how it operates. The main themes include: discussion of the history, sources and conventions of the constitution; later chapters deal with: constitutional principles, the role of the Crown, Parliament and the electoral system, government and the executive, the constitutional role of courts including the protection of human rights, the territorial distribution of power between central, devolved and local government, and the European Union dimension. In addition, the book offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, and of reforms aimed at its modernisation--Unedited summary from book cover. |
| analysis of the constitution: Constitutional Law in the United States Robert A. Sedler, 2017-10-20 Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law. |
| analysis of the constitution: Untrodden Ground Harold H. Bruff, 2016-11-23 Examines constitutional innovations related to executive power made by each of the nation's forty-four presidents. |
| analysis of the constitution: An Economic Interpretation of the Constitution of the United States Charles Austin Beard, 1921 |
| analysis of the constitution: Constitution of the United Nations Alf Ross, 2008 |
| analysis of the constitution: The Constitution of Myanmar Melissa Crouch, 2019-09-05 This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book identifies and articulates the principles of the Constitution through an in-depth analysis of legal and political processes and practises, particularly since the 1990s. The core argument of this book is that the 2008 Constitution is crucial to the establishment and maintenance of the military-state. The military-state promotes the leadership role of the military in governance based on a set of ideological commitments and a centralised form of organisation based on the concept of the Union. The book develops this argument by demonstrating how the process of constitution-making and the substance of the 2008 Constitution contribute to its lack of credibility and fuel demands for reform. The vision offered by the 2008 Constitution and its associated institutions has been the subject of fierce contestation, not least, for example, due to concerns over the militarisation of the state. This book is animated by debates over fundamental ideas such as the nature of democracy, the possibility of peace and federalism, the relationship between the executive and the legislature, relations between the Union government and sub-national governments, debates over judicial independence and the oversized role of the Tatmadaw (armed forces). Central to the future of the Constitution and the military-state is the role of the Tatmadaw, which will be a key determinant in any potential shift from the present highly centralised, partly-democratic Union to a federal or decentralised democratic system of governance. |
| analysis of the constitution: New Zealand Constitution Bruce Harris, 2018-12-31 Written by constitutional law specialist Bruce Harris, New Zealand Constitution An Analysis in Terms of Principles, is a unique commentary on New Zealand's unwritten constitution. The book, is written around sixteen fundamental principles, on which, in the author's view, the New Zealand constitution is built. The commentary on each principle is used to explain, analyse and critique the complex system of law and conventions that make up the constitution. The objective is to ensure that readers understand the New Zealand constitution as providing the foundation for an integrated system of stable government and an ordered society. This systematic approach to explaining the architecture of the constitution, is based on the authors more than forty years of experience of teaching and researching New Zealand constitutional law. The result is not only a clearly written and highly accessible text explaining the fundamentals of the New Zealand system of government, but also an indispensable learning tool for law students studying public law, political studies students, legal practitioners, judges, members of parliament, persons working in government and members of the community generally. |
| analysis of the constitution: The Broken Constitution Noah Feldman, 2021-11-02 A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations |
| analysis of the constitution: An Introduction to the Study of the Law of the Constitution A.V. Dicey, 1985-09-30 A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions. |
| analysis of the constitution: Rationing the Constitution Andrew Coan, 2019-04-29 In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath. |
| analysis of the constitution: The Annotated U.S. Constitution and Declaration of Independence Jack N. Rakove, 2009-11-30 A Pulitzer Prize-winning historian serves as a guide to the U.S. Constitution and Declaration of Independence, providing historical contexts and offering interpretive commentary. |
| analysis of the constitution: Constitutional Interpretation Keith E. Whittington, 1999 With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government.--BOOK JACKET. |
| analysis of the constitution: Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century Geoffrey R. Stone, 2017-03-21 A New York Times Book Review Editors’ Choice Selection A “volume of lasting significance” that illuminates how the clash between sex and religion has defined our nation’s history (Lee C. Bollinger, president, Columbia University). Lauded for “bringing a bracing and much-needed dose of reality about the Founders’ views of sexuality” (New York Review of Books), Geoffrey R. Stone’s Sex and the Constitution traces the evolution of legal and moral codes that have legislated sexual behavior from America’s earliest days to today’s fractious political climate. This “fascinating and maddening” (Pittsburgh Post-Gazette) narrative shows how agitators, moralists, and, especially, the justices of the Supreme Court have navigated issues as divisive as abortion, homosexuality, pornography, and contraception. Overturning a raft of contemporary shibboleths, Stone reveals that at the time the Constitution was adopted there were no laws against obscenity or abortion before the midpoint of pregnancy. A pageant of historical characters, including Voltaire, Thomas Jefferson, Anthony Comstock, Margaret Sanger, and Justice Anthony Kennedy, enliven this “commanding synthesis of scholarship” (Publishers Weekly) that dramatically reveals how our laws about sex, religion, and morality reflect the cultural schisms that have cleaved our nation from its founding. |
| analysis of the constitution: The Constitution of the United States of America United States, 2007 Contains changes to the United States Constitution and its amendments with annotations of decisions of the Supreme Court of the United States. It also includes: Acts of Congress held unconstitutional in whole or in part by the Supreme Court of the United States; State constitutional or statutory provisions and municipal provisions held unconstitutional or held to be preempted by Federal law; Supreme Court decisions overruled by subsequent decision; a table of cases; and an index. |
| analysis of the constitution: A History and Analysis of the Constitution of the United States Nathaniel Carter Towle, 1871 |
analysis 与 analyses 有什么区别? - 知乎
也就是说，当analysis 在具体语境中表示抽象概念时，它就成为了不可数名词，本身就没有analyses这个复数形式，二者怎么能互换呢？ 当analysis 在具体语境中表示可数名词概念时（ …
Geopolitics: Geopolitical news, analysis, & discussion - Reddit
Geopolitics is focused on the relationship between politics and territory. Through geopolitics we attempt to analyze and predict the actions and decisions of nations, or other forms of political …
r/StockMarket - Reddit's Front Page of the Stock Market
Welcome to /r/StockMarket! Our objective is to provide short and mid term trade ideas, market analysis & commentary for active traders and investors. Posts about equities, options, forex, …
Alternate Recipes In-Depth Analysis - An Objective Follow-up
Sep 14, 2021 · This analysis in the spreadsheet is completely objective. The post illustrates only one of the many playing styles, the criteria of which are clearly defined in the post - a middle of …
What is the limit for number of files and data analysis for ... - Reddit
Jun 19, 2024 · Number of Files: You can upload up to 25 files concurrently for analysis. This includes a mix of different types, such as documents, images, and spreadsheets. Data …
为什么很多人认为TPAMI是人工智能所有领域的顶刊？ - 知乎
Dec 15, 2024 · TPAMI全称是IEEE Transactions on Pattern Analysis and Machine Intelligence，从名字就能看出来，它关注的是"模式分析"和"机器智能"这两个大方向。这两个 …
The UFO reddit
Aug 31, 2022 · We have declassified documents about anomalous incidents that directly conflict the new AARO report to a point it makes me wonder what they are even doing.
origin怎么进行线性拟合 求步骤和过程？ - 知乎
在 Graph 1 为当前激活窗口时，点击 Origin 菜单栏上的 Analysis ——> Fitting ——> Linear Fit ——> Open Dialog。直接点 OK 就可以了。 完成之后，你会在 Graph 1 中看到一条红色的直线 …
X射线光电子能谱（XPS）
X射线光电子能谱（XPS）是一种用于分析材料表面化学成分和电子状态的先进技术。
Do AI-Based Trading Bots Actually Work for Consistent Profit?
Sep 18, 2023 · Statisitical analysis of human trends in sentiment seems to be a reasonable approach to anticipating changes in sentiment which drives some amount of trading behaviors. …
analysis 与 analyses 有什么区别? - 知乎
也就是说，当analysis 在具体语境中表示抽象概念时，它就成为了不可数名词，本身就没有analyses这个复数形式，二者怎么能互换呢？ 当analysis 在具体语境中表示可数名词概念时（ …
Geopolitics: Geopolitical news, analysis, & discussion - Reddit
Geopolitics is focused on the relationship between politics and territory. Through geopolitics we attempt to analyze and predict the actions and decisions of nations, or other forms of political …
r/StockMarket - Reddit's Front Page of the Stock Market
Welcome to /r/StockMarket! Our objective is to provide short and mid term trade ideas, market analysis & commentary for active traders and investors. Posts about equities, options, forex, …
Alternate Recipes In-Depth Analysis - An Objective Follow-up
Sep 14, 2021 · This analysis in the spreadsheet is completely objective. The post illustrates only one of the many playing styles, the criteria of which are clearly defined in the post - a middle of …
What is the limit for number of files and data analysis for ... - Reddit
Jun 19, 2024 · Number of Files: You can upload up to 25 files concurrently for analysis. This includes a mix of different types, such as documents, images, and spreadsheets. Data …
为什么很多人认为TPAMI是人工智能所有领域的顶刊？ - 知乎
Dec 15, 2024 · TPAMI全称是IEEE Transactions on Pattern Analysis and Machine Intelligence，从名字就能看出来，它关注的是"模式分析"和"机器智能"这两个大方向。这两个方向恰恰是人工 …
The UFO reddit
Aug 31, 2022 · We have declassified documents about anomalous incidents that directly conflict the new AARO report to a point it makes me wonder what they are even doing.
origin怎么进行线性拟合 求步骤和过程？ - 知乎
在 Graph 1 为当前激活窗口时，点击 Origin 菜单栏上的 Analysis ——> Fitting ——> Linear Fit ——> Open Dialog。直接点 OK 就可以了。 完成之后，你会在 Graph 1 中看到一条红色的直线 …
X射线光电子能谱（XPS）
X射线光电子能谱（XPS）是一种用于分析材料表面化学成分和电子状态的先进技术。
Do AI-Based Trading Bots Actually Work for Consistent Profit?
Sep 18, 2023 · Statisitical analysis of human trends in sentiment seems to be a reasonable approach to anticipating changes in sentiment which drives some amount of trading behaviors. …
