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Constitutional & administrative law

See below for a selection of the latest books from Constitutional & administrative law category. Presented with a red border are the Constitutional & administrative law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Constitutional & administrative law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

Weapon of Choice

Weapon of Choice

Author: Ian Ayres, Fredrick E. Vars Format: Hardback Release Date: 27/11/2020

How ordinary Americans, frustrated by the legal and political wrangling over the Second Amendment, can fight for reforms that will both respect gun owners' rights and reduce gun violence. Efforts to reduce gun violence in the United States face formidable political and constitutional barriers. Legislation that would ban or broadly restrict firearms runs afoul of the Supreme Court's current interpretation of the Second Amendment. And gun rights advocates have joined a politically savvy firearm industry in a powerful coalition that stymies reform. Ian Ayres and Fredrick Vars suggest a new way forward. We can decrease the number of gun deaths, they argue, by empowering individual citizens to choose common-sense gun reforms for themselves. Rather than ask politicians to impose one-size-fits-all rules, we can harness a libertarian approach-one that respects and expands individual freedom and personal choice-to combat the scourge of gun violence. Ayres and Vars identify ten policies that can be immediately adopted at the state level to reduce the number of gun-related deaths without affecting the rights of gun owners. For example, Donna's Law, a voluntary program whereby individuals can choose to restrict their ability to purchase or possess firearms, can significantly decrease suicide rates. Amending Red Flag statutes, which allow judges to restrict access to guns when an individual has shown evidence of dangerousness, can give police flexible and effective tools to keep people safe. Encouraging the use of unlawful possession petitions can help communities remove guns from more than a million Americans who are legally disqualified from owning them. By embracing these and other new forms of decentralized gun control, the United States can move past partisan gridlock and save lives now.

The Nordic Constitutions

The Nordic Constitutions

Author: Professor Helle Krunke Format: Paperback / softback Release Date: 26/11/2020

This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership -where the Nordic countries have made different choices at different times - and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.

The Flight of Icarus

The Flight of Icarus

Author: Yiannis (Athens Law School) Drossos Format: Hardback Release Date: 12/11/2020

This book provides a detailed analysis of the institutional transformations brought about by the financial crisis, focusing on the institution-building course of Europe and the Constitution-bending course in several Member States. It discusses the seemingly contradictory interplay between national and European institutions and the law resulting from the crisis, arguing that the anti-crisis exceptionality constitutes the matrix of the new normality of the reformed European economic governance. The author carries out a critical analysis of the new economic governance and its case-law with regular reference to relevant political episodes, key economic figures and to the lax preceding modes and rules. The author also offers deep insights into the Greek adjustment programme and the crisis-related Greek and Portuguese constitutional case-law, presented in comparison with the German and French case-law. The book concludes with a critical overview of the profound mutations in the role of national Constitutions, instigated by the new European economic governance, and the emergence of a democratically deficient meta-constitutional mode of functioning of both the European institutions and national Constitutions.

51 Imperfect Solutions

51 Imperfect Solutions

Author: Judge Jeffrey S. (Judge, Judge, US Appeals Court, Sixth Circuit) Sutton Format: Paperback / softback Release Date: 05/11/2020

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. The book corrects this omission by looking at each issue through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions.

The Cycles of Constitutional Time

The Cycles of Constitutional Time

What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls constitutional rot. In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot-the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.

Opposing Lincoln

Opposing Lincoln

Author: Thomas C. Mackey Format: Paperback / softback Release Date: 30/10/2020

In a time of great national division, a time of threats of resistance and counterthreats of suppression, a controversial president takes drastic measures to rein in his critics, citing national interest, national security, and his obligations as chief executive. If this seems familiar in our current moment of intense political agitation, that is all the more reason to attend to Thomas Mackey's gripping, learned, and eminently readable account of the Civil War-era case of Clement L. Vallandigham, an Ohio congressman arrested for campaigning against the war and President Lincoln's policies. In Mackey's telling, the story of this prominent 'Copperhead,' or Southern sympathizer, illuminates the problem of internal security, loyalty, and disloyalty faced by the Lincoln administration during wartime - and, more generally, the problem of determining the balance between executive power and tyranny, and between dissent and treason. Opposing Lincoln explores Vallandigham's opposition not only to Lincoln and his administration but also to Lincoln's use of force and his executive orders suspending habeas corpus. In addition to tracing Vallandigham's experiences of being arrested, tried, convicted by military commission instead of civilian courts, and then banished from the United States, this historical narrative introduces readers to Lincoln's most important statements on presidential powers in wartime, while also providing a primer on the wealth of detail involved in such legal and military controversies. Examining the long-standing issue of the limits of political dissent in wartime, the book asks the critical historical question of what reasonable lengths a legitimate government can go to in order to protect itself and its citizens from threats, whether external or internal. The case of Clement Vallandigham is, Mackey suggests, a quintessentially American story. Testing the limits of dissent in a political democracy in wartime, and of the scope and power of constitutional government, it clarifies a critical aspect of the American experience from afar.

Opposing Lincoln

Opposing Lincoln

Author: Thomas C. Mackey Format: Hardback Release Date: 30/10/2020

In a time of great national division, a time of threats of resistance and counterthreats of suppression, a controversial president takes drastic measures to rein in his critics, citing national interest, national security, and his obligations as chief executive. If this seems familiar in our current moment of intense political agitation, that is all the more reason to attend to Thomas Mackey's gripping, learned, and eminently readable account of the Civil War-era case of Clement L. Vallandigham, an Ohio congressman arrested for campaigning against the war and President Lincoln's policies. In Mackey's telling, the story of this prominent 'Copperhead,' or Southern sympathizer, illuminates the problem of internal security, loyalty, and disloyalty faced by the Lincoln administration during wartime - and, more generally, the problem of determining the balance between executive power and tyranny, and between dissent and treason. Opposing Lincoln explores Vallandigham's opposition not only to Lincoln and his administration but also to Lincoln's use of force and his executive orders suspending habeas corpus. In addition to tracing Vallandigham's experiences of being arrested, tried, convicted by military commission instead of civilian courts, and then banished from the United States, this historical narrative introduces readers to Lincoln's most important statements on presidential powers in wartime, while also providing a primer on the wealth of detail involved in such legal and military controversies. Examining the long-standing issue of the limits of political dissent in wartime, the book asks the critical historical question of what reasonable lengths a legitimate government can go to in order to protect itself and its citizens from threats, whether external or internal. The case of Clement Vallandigham is, Mackey suggests, a quintessentially American story. Testing the limits of dissent in a political democracy in wartime, and of the scope and power of constitutional government, it clarifies a critical aspect of the American experience from afar.

The Oklahoma State Constitution

The Oklahoma State Constitution

In 1907, William Jennings Bryan described the proposed constitution for Oklahoma as The best constitution in the United States today. An enduring characteristic of Oklahoma's constitution has been its faith in direct democracy and its root in Progressive Era politics. The Oklahoma State Constitution traces the historical formation and constitutional development of the state of Oklahoma. In it, Danny Adkison and Lisa McNair Palmer provide article-by-article commentary and analysis on the intent, politics, social and economic pressures, and legal decisions that shaped and enhanced the Oklahoma constitution since it was adopted in 1907. This commentary provides a broad understanding of state constitutional law within the context of Oklahoma's constitutional evolution. A bibliographic essay and list of cases offer sources for further study. The second edition further discusses amendments to the state constitution that range from a state law legalizing medical marijuana (which passed) to amending the state's constitution to allow optometrists to operate in Wal-Mart stores (which did not pass). The book features new and updated citations of court decisions and Attorney General opinions on the interpretation of constitutional provisions with the latest cases available. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor Lawrence Friedman of New England Law School, Boson, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The Global South and Comparative Constitutional Law

The Global South and Comparative Constitutional Law

This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Laws of the Constitution

Laws of the Constitution

Author: Donald F. Bur Format: Hardback Release Date: 15/10/2020