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Free in the World
  • Language: en
  • Pages: 248

Free in the World

This work examines the breakdown of American constitutional order in the 19th century, paying particular attention to slavery as an institution and as a subject of political rhetoric. The author develops a general typology of constitutional failure.

States of Union
  • Language: en
  • Pages: 335

States of Union

  • Type: Book
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  • Published: 2013
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  • Publisher: Unknown

"In two canonical decisions in 1920s, the Supreme Court announced that family was an institution possessing a constitutional status and that certain relations within family were constitutionally protected. Since then, "family values" has become a staple of American civic life as the polity roils over issues like the regulation of procreation, the roles of women, the education of children, divorce, domestic economy, sex, sexuality, and the meanings of marriage. Brandon is the first to explain how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance have been (and continue to be) for the constitutional order and for families"--

The Body Politic
  • Language: en
  • Pages: 192

The Body Politic

  • Type: Book
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  • Published: 2013-07-04
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  • Publisher: Routledge

This work advances an original thesis that challenges the dominant schools of thought concerning the liberal tradition in the US.

The Limits of Constitutional Democracy
  • Language: en
  • Pages: 353

The Limits of Constitutional Democracy

  • Categories: Law

Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power an...

The Constitution in Wartime
  • Language: en
  • Pages: 261

The Constitution in Wartime

DIVEssays by leading constitutional scholars on the relationship between war powers and the Constitution in general and in the aftermath of September 11th./div

Secession and Self-Determination
  • Language: en
  • Pages: 335

Secession and Self-Determination

  • Type: Book
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  • Published: 2003-12-01
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  • Publisher: NYU Press

The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that accompany them, and offers theoretical insights that provide guidance for policy. Among the questions considered are: should the international community recognize a right to secede and, if so, what conditions must be satisfied before the right can be asserted? Should secession and its conditions be recognized within domestic constitutions? Secession is the most extreme form of political separation and there are modes of self-determination short of it, including indigenous peoples' self-government and minority language rights. To what degree can these intrastate autonomy arrangements help ameliorate the injustices faced by indigenous groups?

Special Issue
  • Language: en
  • Pages: 152

Special Issue

This volume focusses on Law and the Imagining of Difference with each chapter examining how law responds to the claims of difference, how and when it recognizes difference and accommodates it, as well as when and why such recognition and accommodation is resisted. Topics covered include disability, same-sex marriage and gender equality.

Responding to Imperfection
  • Language: en
  • Pages: 344

Responding to Imperfection

  • Categories: Law

An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitutio...

Modern Age
  • Language: en

Modern Age

  • Type: Book
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  • Published: 2000
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  • Publisher: Unknown

None

Free in the World
  • Language: en
  • Pages: 248

Free in the World

  • Type: Book
  • -
  • Published: 1998-01-01
  • -
  • Publisher: Unknown

This work examines the breakdown of American constitutional order in the 19th century, paying particular attention to slavery as an institution and as a subject of political rhetoric. The author develops a general typology of constitutional failure.