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BOOK EXCERPT:
Winner of the 2010 Book Award from the New England Historical Association American constitutionalism represents this country’s greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. American constitutionalism and the revolutionary republican documents on which it is based affected countless countries by helping them develop their own constitutional democracies. Western constitutionalism—of which America was a part along with Britain and France—reached a major turning point in global history in 1989, when the forces of democracy exceeded the forces of autocracy for the first time. Historian George Athan Billias traces the spread of American constitutionalism—from Europe, Latin America, and the Caribbean region, to Asia and Africa—beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias’s landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era.
Product Details :
Genre |
: History |
Author |
: George Athan Billias |
Publisher |
: NYU Press |
Release |
: 2011-12 |
File |
: 560 Pages |
ISBN-13 |
: 9780814725177 |
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BOOK EXCERPT:
A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.
Product Details :
Genre |
: Law |
Author |
: Scott Douglas Gerber |
Publisher |
: Oxford University Press |
Release |
: 2011-01-10 |
File |
: 440 Pages |
ISBN-13 |
: 9780199780969 |
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BOOK EXCERPT:
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Product Details :
Genre |
: Law |
Author |
: Gregory Shaffer |
Publisher |
: Cambridge University Press |
Release |
: 2019-04-18 |
File |
: 335 Pages |
ISBN-13 |
: 9781108473101 |
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BOOK EXCERPT:
Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.
Product Details :
Genre |
: Political Science |
Author |
: Mark C. Miller |
Publisher |
: Routledge |
Release |
: 2018-09-03 |
File |
: 272 Pages |
ISBN-13 |
: 9780429973239 |
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BOOK EXCERPT:
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Product Details :
Genre |
: Law |
Author |
: Lee C. Bollinger |
Publisher |
: |
Release |
: 2019 |
File |
: 377 Pages |
ISBN-13 |
: 9780190841379 |
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BOOK EXCERPT:
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 stable democracies 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 of constant 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 the apparatus 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 in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Product Details :
Genre |
: Law |
Author |
: András Sajó |
Publisher |
: Oxford University Press |
Release |
: 2017-11-04 |
File |
: 606 Pages |
ISBN-13 |
: 9780191046049 |
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BOOK EXCERPT:
This book is about values and principles that have formed the backbone of the exceptionality of America. These values and principles have shaped the way leadership in America has evolved and prescribed the way leaders have practiced their craft. It is about what both leaders and their followers implicitly know about what a good leader is and does and about why they follow one leader and not another. The book is about how leaders in all facets of society think—or should think—about their interrelationships with other human beings. For relationships is the essence of leadership. We can only lead those in some kind of association with us as. Only together can we do whatever task the leader of our particular organization asks of us today and every day of our lives. This is true not just at work, but in the family, our collective social and recreational pursuits, and even when alone doing something we want to get done. Because all we do ultimately will impact our attitudes and actions or those of others. For that finally is what leadership is—impact on another! This book identifies the values and principles of leadership the founding leaders identified and used and that have marked American culture for over two centuries in all dimensions of life. It defines and delimits the actions and attitudes of mind of the exceptional leaders who first articulated and then led in terms of those values as they made America. The ideas about exceptional leadership discussed are taken from their own leadership example and from their thoughtful conclusions. The ideas are fully American. These first leaders drew up the blueprint for what America is and has become. Their creation has survived countless challenges over the two hundred years of its creation to become the United States of America.
Product Details :
Genre |
: Political Science |
Author |
: Gilbert W. Fairholm |
Publisher |
: Lexington Books |
Release |
: 2013-06-20 |
File |
: 335 Pages |
ISBN-13 |
: 9780739184158 |
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BOOK EXCERPT:
Rock music today is universal and its popular history is well known. Yet few know how and why it really came about. Taking a fresh look at events long overlooked or misunderstood, this book tells how some of the most disenfranchised people in a free and prosperous nation strove to make themselves heard--and changed the world. Describing the genesis of rock and roll, the author covers everything from its deep roots in the Mississippi Delta, key early figures, like deejay "Daddy-O" Dewey Phillips and gospel star Sister Rosetta Tharpe, and the influence of so-called "holy rollers" of the Pentecostal church who became crucial performers--Elvis Presley, Jerry Lee Lewis and Little Richard.
Product Details :
Genre |
: Music |
Author |
: James A. Cosby |
Publisher |
: McFarland |
Release |
: 2016-05-23 |
File |
: 263 Pages |
ISBN-13 |
: 9781476662299 |
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BOOK EXCERPT:
The Routledge Companion to the French Revolution in World History engages with some of the most recent trends in French revolutionary scholarship by considering the Revolution in its global context. Across seventeen chapters an international team of contributors examine the impact of the Revolution not only on its European neighbours but on Latin America, North America and Africa, assess how far events there impacted on the Revolution in France, and suggest something of the Revolution’s enduring legacy in the modern world. The Companion views the French Revolution through a deliberately wide lens. The first section deals with its global repercussions from the Mediterranean to the Caribbean and includes a discussion of major insurrections such as those in Haiti and Venezuela. Three chapters then dissect the often complex and entangled relations with other revolutionary movements, in seventeenth-century Britain, the American colonies and Meiji Japan. The focus then switches to international involvement in the events of 1789 and the circulation of ideas, people, goods and capital. In a final section contributors throw light on how the Revolution was and is still remembered across the globe, with chapters on Russia, China and Australasia. An introduction by the editors places the Revolution in its political, historical and historiographical context. The Routledge Companion to the French Revolution in World History is a timely and important contribution to scholarship of the French Revolution.
Product Details :
Genre |
: History |
Author |
: Alan Forrest |
Publisher |
: Routledge |
Release |
: 2015-09-16 |
File |
: 364 Pages |
ISBN-13 |
: 9781317413875 |
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BOOK EXCERPT:
This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.
Product Details :
Genre |
: Law |
Author |
: Alicia Pastor y Camarasa |
Publisher |
: Taylor & Francis |
Release |
: 2024-06-14 |
File |
: 228 Pages |
ISBN-13 |
: 9781040035757 |