The Constitution Of Freedom

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The Constitution Of Freedom

Author : András Sajó
ISBN : 9780198732174
Genre : Law
File Size : 80.51 MB
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Constitutional democracy is more fragile and less "natural" than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stabledemocracies with the promise that their enviable world will become the global "normal" find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need ofconstant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours,and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of theapparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those inpolitics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Category: Law

The Fourth Estate And The Constitution

Author : Lucas A. Powe
ISBN : 9780520080386
Genre : History
File Size : 66.74 MB
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In 1964 the Supreme Court handed down a landmark decision in New York Times v. Sullivan guaranteeing constitutional protection for caustic criticism of public officials, thus forging the modern law of freedom of the press. Since then, the Court has decided case after case affecting the rights and restrictions of the press, yet little has ben written about these developments as they pertain to the Fourth Estate. Lucas Powe's essential book now fills this gap. Lucas A. Powe, Jr., a legal scholar specializing in media and the law, goes back to the framing of the First Amendment and chronicles the two main traditions of interpreting freedom of the press to illuminate the issues that today ignite controversy: How can a balance be achieved among reputation, uninhibited discussion, and media power? Under what circumstance can the government seek to protect national security by enjoining the press rather than attempting the difficult task of convincing a jury that publication was a criminal offense? What rights can the press properly claim to protect confidential sources or to demand access to information otherwise barred to the public? And, as the media grow larger and larger, can the government attempt to limit their power by limiting their size? Writing for the concerned layperson and student of both journalism and jurisprudence, Powe synthesizes law, history, and theory to explain and justify full protection of the editorial choices of the press. The Fourth Estate and the Constitution not only captures the sweep of history of Supreme Court decisions on the press, but also provides a timely restatement of the traditional view of freedom of the press at a time when liberty is increasingly called into question.
Category: History

The Constitution Of Liberty

Author : F.A. Hayek
ISBN : 9781135631598
Genre : Business & Economics
File Size : 79.95 MB
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Striking a balance between skepticism and hope, Hayek’s profound insights remain strikingly vital half a century on. This definitive edition of The Constitution of Liberty will give a new generation the opportunity to learn from Hayek’s enduring wisdom.
Category: Business & Economics

Freedom S Law

Author : Ronald Dworkin
ISBN : 9780198265573
Genre : Law
File Size : 82.54 MB
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Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Category: Law

Religious Freedom And The Constitution

Author : Christopher L. Eisgruber
ISBN : 9780674263260
Genre : Political Science
File Size : 49.81 MB
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Religion has become a charged token in a politics of division. In disputes about faith-based social services, public money for religious schools, the Pledge of Allegiance, Ten Commandments monuments, the theory of evolution, and many other topics, angry contestation threatens to displace America's historic commitment to religious freedom. Part of the problem, the authors argue, is that constitutional analysis of religious freedom has been hobbled by the idea of "a wall of separation" between church and state. That metaphor has been understood to demand that religion be treated far better than other concerns in some contexts, and far worse in others. Sometimes it seems to insist on both contrary forms of treatment simultaneously. Missing has been concern for the fair and equal treatment of religion. In response, the authors offer an understanding of religious freedom called Equal Liberty. Equal Liberty is guided by two principles. First, no one within the reach of the Constitution ought to be devalued on account of the spiritual foundation of their commitments. Second, all persons should enjoy broad rights of free speech, personal autonomy, associative freedom, and private property. Together, these principles are generous and fair to a wide range of religious beliefs and practices. With Equal Liberty as their guide, the authors offer practical, moderate, and appealing terms for the settlement of many hot-button issues that have plunged religious freedom into controversy. Their book calls Americans back to the project of finding fair terms of cooperation for a religiously diverse people, and it offers a valuable set of tools for working toward that end.
Category: Political Science

Freedom Of Expression

Author : Stephen A. Smith
ISBN : 9780999728390
Genre : History
File Size : 87.42 MB
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"The texts in this volume represent earlier contributions to the ongoing conversation about the meaning of "the freedom of speech, and of the press," collected and selected to help the reader situate and understand what has gone on before and to advance the contemporary argument in a more informed way."--Introduction, page v.
Category: History

Freedom Of Speech

Author : Keith Werhan
ISBN : 0313319979
Genre : Law
File Size : 88.13 MB
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Provides a contemporary approach to protecting the First Amendment by looking at the evolution of free speech thought.
Category: Law

Religious Freedom In America

Author : Allen D. Hertzke
ISBN : 9780806149912
Genre : Law
File Size : 22.10 MB
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This truly interdisciplinary volume brings together respected historians, social scientists, legal scholars, and advocates. As their contributions attest, understanding religious freedom demands taking multiple perspectives. The historians guide us through the contested legacy of religious freedom, from the nation’s founding and the rise of public education, to the subsequent waves of immigration that added successive layers of diversity to American society.
Category: Law

European Fundamental Rights And Freedoms

Author : Dirk Ehlers
ISBN : 9783110971965
Genre : Law
File Size : 36.91 MB
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The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important.
Category: Law

Law Religion Constitution

Author : Dr Cristiana Cianitto
ISBN : 9781472416155
Genre : Law
File Size : 79.70 MB
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What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.
Category: Law

Constitutional Debates On Freedom Of Religion

Author : John J. Patrick
ISBN : 0313301409
Genre : Law
File Size : 90.28 MB
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Traces the history and development of the debate over the separation of religion and government in the United States through a collection of primary documents.
Category: Law

The Constitution

Author : Warren E. Burger
ISBN : 0153716061
Genre : Constitutional law
File Size : 68.9 MB
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Category: Constitutional law

The Constitution Of Public Philosophy

Author : E. Robert Statham
ISBN : UOM:39015045681155
Genre : Philosophy
File Size : 55.23 MB
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America, and the postmodern West in particular, are experiencing a moral and intellectual crisis, according to E. Robert Statham, Jr. In The Constitution of Public Philosophy, Statham argues that Walter Lippman was correct in locating this crisis in the impoverished nature of public philosophy, and he attempts to constitute a role for reason in contemporary America. Statham suggests that the negative rule of law via a written constitution requires the positive rule of reason, or political philosophy, in order to flourish. He explores the tradition of reason in postmodern America, and argues that since Plato was correct in saying that philosophers should rule if justice is to be obtained, in a constitutional order philosophers rule indirectly by teaching citizens to rule themselves. This is an important contribution to the literature on political philosophy and American constitutionalism.
Category: Philosophy

Freedom Of Religion Or Belief

Author : Paul T. Babie
ISBN : 9781788977807
Genre : Law
File Size : 45.51 MB
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Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.
Category: Law

Freedom Of Speech

Author : Kenneth Ira Kersch
ISBN : 9781576076002
Genre : History
File Size : 58.77 MB
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Explores the dynamics of the First Amendment rights in the United States, showing how social, economic, and political changes in this nation affect the views and practice of free speech.
Category: History

The Constitution Of Religious Freedom

Author : Dennis J. Goldford
ISBN : 1602584192
Genre : Political Science
File Size : 41.18 MB
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The Constitution of Religious Freedom argues that religious identity inheres not in the nation, but in the individual citizen.--Jessie Hill, Professor of Law, Case Western Reserve University School of Law "Conscience"
Category: Political Science