Search results

RSS feed for this result

7 results

Book
xv, 430 pages ; 24 cm
  • Introduction: Why care what the Constitution says?
  • The fiction of "We the people" : is the Constitution binding on us?
  • Constitutional legitimacy without consent : protecting rights retained by the people
  • Natural rights as liberty rights : retained rights, privileges, or immunities
  • Constitutional interpretation : an originalism for nonoriginalists
  • Constitutional construction : supplementing original meaning
  • Judicial review : the meaning of the judicial power
  • Judicial review of federal laws : the meaning of the necessary and proper clause
  • Judicial review of state laws : the meaning of the privileges or immunities clause
  • The mandate of the Ninth Amendment : why footnote four is wrong
  • The presumption of liberty : protecting rights without listing them
  • The proper scope of federal power : the meaning of the commerce clause
  • The proper scope of state power : construing the "police power"
  • Showing necessity : judicial doctrines and application to cases
  • Conclusion: Restoring the lost constitution.
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
(source: Nielsen Book Data)9780691159737 20160612
Law Library (Crown)
LAW-456-01, LAW-7045-01
Book
x, 198 p. : ill. ; 22 cm.
  • Introduction : fundamental questions
  • What the framers couldn't know
  • The constitution as a model : an American illusion
  • Electing the president
  • How well does the constitutional system perform?
  • Why not a more democratic constitution?
  • Some reflections on the prospects for a more democratic constitution.
In this provocative work, an American political scientist poses the question, "Why should we uphold our constitution?". The vast majority of Americans venerate the American Constitution and the principles it embodies, but many also worry that the United States has fallen behind other nations on crucial democratic issues, including economic equality, racial integration and women's rights. Robert Dahl explores the vital tension between the Americans' belief in the legitimacy of their constitution and their belief in the principles of democracy. Dahl starts with the assumption that the legitimacy of the American Constitution derives solely from its utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, the constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of the political system were implemented as a result of short-sightedness or last-minute compromise. Dahl highlights those elements of the American system that are most unusual and potentially antidemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system. The political system that emerged from the world's first great democratic experiment is unique - no other well-established democracy has copied it. How does the American constitutional system function in comparison to other democratic systems? How could the political system be altered to achieve more democratic ends? To what extent did the Framers of the Constitution build features into the political system that militate against significant democratic reform? Refusing to accept the status of the American Constitution as a sacred text, Dahl challenges America to think critically about the origins of its political system and to consider the opportunities for creating a more democratic society.
(source: Nielsen Book Data)9780300092189 20160527
Law Library (Crown)
LAW-456-01
Book
xliii, 631 p. ; 23 cm.
  • Law as a category of social mediation between facts and norms
  • The sociology of law versus the philosophy of justice
  • A reconstructive approach to law I : the system of rights
  • A reconstructive approach to law II : the principles of the constitutional state
  • Judiciary and legislature : on the role and legitimacy of constitutional adjudication
  • Deliberative politics : a procedural concept of democracy
  • Civil society and the political public sphere
  • Paradigms of law.
In Between Facts and Norms Jurgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more.The introduction by William Rehg succinctly captures the special nature of the work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so- called liberals and civic republicans.The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers.
(source: Nielsen Book Data)9780262581622 20160604
Law Library (Crown)
LAW-456-01
Book
xliii, 631 p. ; 23 cm.
Building on his 1981 volume Theory of Communicative Action , Habermas contributes to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, proposing a new paradigm of law. First published in 1992 by Suhrkamp Verlag, Frankfurt Am Main, Germany, this Englis.
(source: Nielsen Book Data)9780262082433 20160528
Law Library (Crown)
LAW-456-01
Book
viii, 397 p. : ill. ; 24 cm.
  • Part 1 The sources of modern democracy: the first transformation - to the democratic city-state-- toward the second transformation - republicanism, representation, and the logic of equality. Part 2 Adversarial critics: anarchism-- guardianship-- a critique of guardianship. Part 3 A theory of the democratic process: justifications - the idea of equal intrinsic worth-- personal autonomy-- a theory of the democratic process-- the problem of inclusion. Part 4 Problems in the democratic process: majority rule and the democratic process-- majority rule - practise-- process and substance-- process versus process-- when is a people entitled to the democratic process? Part 5 The limits and possibilities of democracy: the second democratic transformation - from the city-state to the nation-state-- democracy, polyarchy, and participation-- how polyarchy developed in some countries and not others-- is minority domination inevitable?-- pluralism, polyarchy and the common good-- common good as process and substance. Part 6 Toward a third transformation: democracy in tomorrow's world-- sketches for an advanced democratic country.
  • (source: Nielsen Book Data)9780300049381 20160527
In this book, one of the most prominent political theorists of our era makes a statement about what democracy is and why it is important. Robert Dahl examines the most basic assumptions of democratic theory, tests them against the questions raised by its critics, and recasts the theory of democracy in a new and coherent whole. He concludes by discussing the directions in which democracy must move if advanced democratic states are to exist in the future.
(source: Nielsen Book Data)9780300049381 20160527
Law Library (Crown)
LAW-456-01
Book
xix, 311 p.: ill. ; 24 cm.
Law Library (Crown)
LAW-456-01
Book
viii, 268 p. ; 24 cm.
Law Library (Crown)
LAW-456-01