proportionality principles in american law controlling excessive government actions

Download Book Proportionality Principles In American Law Controlling Excessive Government Actions in PDF format. You can Read Online Proportionality Principles In American Law Controlling Excessive Government Actions here in PDF, EPUB, Mobi or Docx formats.

Proportionality Principles In American Law

Author : E. Thomas Sullivan
ISBN : 9780195324938
Genre : Law
File Size : 62. 98 MB
Format : PDF
Download : 987
Read : 722

Download Now


From the ancient origins of Just War doctrine to contemporary theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. Two renowned legal scholars seek to advance such a theory.

The Arc Of Due Process In American Constitutional Law

Author : E. Thomas Sullivan
ISBN : 9780199990818
Genre : Law
File Size : 90. 23 MB
Format : PDF, ePub, Docs
Download : 146
Read : 822

Download Now


Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

Books In Print 2009 2010

Author :
ISBN : 0835250210
Genre : Publishers' catalogs
File Size : 39. 88 MB
Format : PDF, Mobi
Download : 990
Read : 618

Download Now



The Guide To American Law Supplement

Author : West Publishing Company
ISBN : 031403580X
Genre : Law
File Size : 28. 92 MB
Format : PDF, Docs
Download : 554
Read : 1268

Download Now



The Principle Of Proportionality

Author : Peter Hulsroj
ISBN : 9789400757752
Genre : Law
File Size : 39. 11 MB
Format : PDF, ePub, Mobi
Download : 308
Read : 1199

Download Now


The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.

Encyclopedia Of American Civil Rights And Liberties

Author : Otis H. Stephens
ISBN : 0313327580
Genre : Political Science
File Size : 32. 71 MB
Format : PDF, Docs
Download : 614
Read : 1114

Download Now


A comprehensive and accessible compendium of information on civil rights and liberties in the United States.

Making Our Democracy Work

Author : Stephen Breyer
ISBN : 9780307594266
Genre : Political Science
File Size : 35. 62 MB
Format : PDF, Kindle
Download : 472
Read : 653

Download Now


The Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time. From the Hardcover edition.

Top Download:

Best Books