From Popular Sovereignty To The Sovereignty Of Law

Author: Martin Ostwald
Publisher: Univ of California Press
ISBN: 0520067983
Size: 76.27 MB
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Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.

Popular Sovereignty In Early Modern Constitutional Thought

Author: Daniel Lee
Publisher: Oxford University Press
ISBN: 0198745168
Size: 69.27 MB
Format: PDF, Kindle
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Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from 'the people' - is perhaps the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. Although its classic formulation is to be found in the major theoretical treatments of the modern state, such as in the treatises of Hobbes, Locke, and Rousseau, this book explores the intellectual origins of this doctrine and investigates its chief source in late medieval and early modern thought. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as Francois Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Madison V Marshall

Author: Guy Padula
Publisher: Lexington Books
ISBN: 9780739103630
Size: 76.62 MB
Format: PDF, Kindle
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Popular Sovereignty or Natural Law? At a time of constitutional crisis in the American body politic, Guy Padula's timely and stimulating new work explores whether the answers to today's heated political debate can be found by scrutinizing the past. In Madison v. Marshall Padula turns the spotlight on the interpretive intent of America's Founding Fathers to discover if the consent of the people or the rule of justice triumphs. Comparing the constitutional theories of the Founding generation's two preeminent constitutional authorities, Padula shatters the Originalist myth that Madison and Marshall shared a compatible constitutional jurisprudence. He concludes that the meaning of the Constitution has been contested from the outset. This is essential reading for legal scholars, political scientists and historians seeking to learn more about the fundamental nature of U.S. law and how it should be interpreted.

The Constitution Of India

Author: Sarbani Sen
Publisher: Oxford University Press, USA
ISBN: 9780198071600
Size: 17.76 MB
Format: PDF, ePub
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One of the first books to explore the relationship between constitutionalism and popular sovereignty in the Indian context. It argues that the identity of the Indian constitution was shaped by a period of prolonged popular engagement in resisting a colonial regime and that it can be seen as a political symbol of national identity rather than merely a legal text.

The Sovereignty Of Law

Author: T.R.S. Allan
Publisher: Oxford University Press
ISBN: 0199685061
Size: 33.95 MB
Format: PDF
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The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation ofpowers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority and individual freedom or autonomy. Allan's interpretative approach isapplied to wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.

Judicial Monarchs

Author: William J. Watkins, Jr.
Publisher: McFarland
ISBN: 0786489987
Size: 75.49 MB
Format: PDF
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"This study challenges American dogma about the court being the ultimate arbiter of constitutional issues, showing it instead supporting policy decisions being left to the people's elected representatives. It offers a combination of remedies--including term limits and popular selection of the Supreme Court--to return the people to their proper place in the constitutional order"--Provided by publisher.

Sovereignty International Law And The French Revolution

Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 1107179548
Size: 68.62 MB
Format: PDF, ePub, Docs
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This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.

Gerrymandering The Supreme Court And The Constitutional Revolution Of 2004

Author: Anthony J. McGann
Publisher: Cambridge University Press
ISBN: 110714325X
Size: 37.29 MB
Format: PDF
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This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.