The constitutional

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  • I have been greatly honoured by your invitation to take the chair on this interesting occasion. It gives me special pleasure to be able to introduce to this distinguished audience my friend, Mr. Beck, Solicitor-General of the United States. It is a great and responsible office; but long before he held it he was known to the English public and to English readers as the author who, perhaps more than any other writer in our language, contributed a statement of the Allied case in the Great War which produced effects far beyond the country in which it was written...

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  • In the wake of the EU’s greatest enlargement, this book explores the adaptation of the constitutions of Central and Eastern Europe for membership in the European Union. In response to the painful past, these new constitutions were notably closed to the transfer of powers to international organisations, and accorded a prominent status to sovereignty and independence. A little more than a decade later, the process of amending these provisions in view of the transfer of sovereign powers to a supranational organisation has proved a sensitive and controversial exercise....

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  • A few years ago, I read a lengthy article in a prominent law journal about the constitutional power to declare war. The article ably presented opposing views regarding the enduring debate between those who argue for congressional pre-eminence over war-related decisions and those who believe that the president possesses great war-making discretion. But, the author offered a startling categorical finding that he said “all scholars have missed”: namely, that “the Founders denied the President a veto over congressional decisions to wage war. . . ....

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  • HereDe Lolmewrote not in his usual capacity as an observer andtheorist of government, but as an engaged political participant. He embraced the Repre ´sentants’ call for reformand republican renewal inseveral anonymous polemics that contributed to the vibrant public debate thatGeneva’s rulers found impossible to contain.Themost important of these publicationswas the 1767 La purification des trois points de droit souille ´s par un anonyme (The purification of three soiled points of law by an anonymous author).

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  • Jean Louis De Lolme’s The Constitution of England, which first appeared in French in 1771, was a major contribution to eighteenth-century constitutional theory and enjoyed wide currency in and beyond the eras of the American and French Revolutions. Its authority and judgment were invoked in parliamentary debate and in partisan political polemic. John Adams, the American revolutionary leader, constitutional advocate, and later president, praised the work as “the best defence of the political balance of three powers that ever was written.

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  • James M. Buchanan Jr. – Bài giảng Nobel Ngày 8 tháng 9 năm 1986. Hiến pháp về chính sách kinh tế. (The constitution of economic policy) Phiên Dịch: Hồ Phương Nga. Lời giới thiệu: Khoa học nghiên cứu về tài chính công cộng phải luôn luôn ghi nhớ một cách rõ ràng...những hoàn cảnh chính trị.

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  • American constitutional law, to paraphrase Charles Evans Hughes, is what the Supreme Court says it is. But of course it is much more than that. Constitutional law is constantly informed by numerous actors’ understandings of the meaning of the United States Constitution. Lawyers, judges, politicians, academicians, and, of course, citizens all contribute to the dialogue that produces constitutional law. Consequently, the Constitution remains a vital part of American public life, continuously woven into the fabric of our history, politics, and culture.

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  • This book provides an introduction to contemporary constitutional law for intelligent readers who are not, or not yet, lawyers. It is a reasonably short book, which leaves out much detail. I have also done my best to write it in plain language – or at least to explain the jargon used by courts and lawyers before employing it myself. But the book does not talk down to the reader or omit central considerations.

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  • The constitutive law of plastic deformation expresses the effects of material behavior and properties for stress analysis in the design of manufacturing technology and product service behavior, for materials testing, and for the maintenance of structural and machine components. The book represents the state of the art, but the editors do not rule out other concepts of constitutive laws. There are many different facets of the same problem and as many answers; the right one is the one that gives the most practical solution, the one that best serves the specific problem....

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  • This book is concerned with the organisation, powers and accountability of government in the British constitution. It has been written from a lawyer’s perspective, modified by an awareness that the British constitution is far from being exclusively the handiwork of lawyers. Judges and other practitioners of the discipline of law have made a notable contribution to it, but so have political philosophers, controversialists of many hues, party organisations, peers, rebels in and out of Parliament and the legions of special interests.

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  • WHILE POLITICS WRESTLES with the Constitutional Treaty as the founding legal document de lege ferenda, this volume presents a European constitutional law—not as a mere project but as binding, valid law, as lex lata. Of course, no document in force carries this designation. Scholarly terminology, however, does not require the blessing of politics. There are good reasons to treat the European Union’s current primary law as constitutional law.

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  • The aims of this edition remain the same as those of previous editions: namely, to explain and discuss critically the general principles of the constitutional law and administrative law of the UK and to identify their historical and political foundations. This edition has been recast and substantially rewritten and expanded in order to take account of major changes in the law, notably the burgeoning case law generated by the Human Rights Act 1998, and to consider recent scholarship and political developments.

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  • The purpose of this book is to provide a revision aid for the undergraduate constitutional law student. The book divides the constitutional and administrative law course into five sections and covers all the major topics associated with the subject. In each section the reader is provided with a revision checklist and guidance on the study of essential issues that figure prominently in examinations.

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  • Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is, and how judges decide what it means. The Constitution, he observes, grants individual rights in extremely abstract terms. The First Amendment prohibits the passing of laws that “abridge the freedom of speech”; the Fifth Amendment insists on “due process of law”; and the Fourteenth Amendment demands “equal protection of the laws” for all persons.

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  • This is a short book, but it took a long time to write. In two previous books, Beyond All Reason and Desperately Seeking Certainty, we criticized some currently popular theories like originalism, the view (held by many conservative constitutional scholars) that the Constitution’s meaning is fi xed by the history of its creation. We also criticized theories of leading scholars at the other end of the ideological spectrum.

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  • At the foundations of the series of reflections offered in this volume are my Commentaries on the Constitution of 1787 and on its Amendments published by the Johns Hopkins University Press in 1989 and 1995. I observed, at the outset of those Commentaries, “I was surprised to discover, upon preparing [them] for publication, that there evidently had not been, since the Ratification Campaign of 1787–1788, any other booklength, section-by-section commentary upon the United States Constitution proceeding primarily from the original text itself....

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  • Is the rule of law optional for liberal democratic societies? In the wake of the attacks on the United States on 11 September 2001, the Bush administration seemed to say that it is. And in the wake of the attacks on London in July of 2005, Tony Blair has indicated that the rule of law is a luxury, dispensable when the going gets rough.

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  • In 1899 the English writer Rudyard Kipling penned a poem entitled ‘‘The White Man’s Burden.’’ The phrase is now famous, though few probably know that Kipling was its author. Fewer still know the full title: ‘‘The White Man’s Burden: The United States and the Philippine Islands.’’ Kipling published the poem to implore the United States, which had just defeated Spain in a war, to assume control of Spain’s former colonies.

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  • This volume of essays reappraises what we call the constitutional fundamentals of EU foreign relations law. We use the term foreign relations law to cover all EU external relations law, including each of the three pillars of the existing European Union architecture. Indeed, one important factor that explains the publication of this volume at this particular time is the planned entry into force, in 2009, of the Treaty of Lisbon which creates a modified and much more unified framework for the whole of the EU’s foreign relations....

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  • Sometimes a book is so refreshing in its perspective, so innovative, that it promises to revolutionize a field of scholarship. The Founding Fathers, Pop Culture, and Constitutional Law is one such book. It is a bold intervention into the field of constitutional interpretation, a field which Susan Burgess argues has reached a kind of scholarly impasse. Rather than tread the well-worked path with another theory of constitutional meaning, Burgess offers us a cultural studies reading of constitutional scholarship.

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