Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.
Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others.
Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly when religious groups seek exemption from laws that govern others.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day.
Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discriminationbut ultimately fell short of that goal, leading to the Supreme Courts landmark 1896 decision in Plessy v.
An authoritative guide to federal democracy from two respected experts in the fieldAround the world, federalism has emerged as the system of choice for nascent republics and established nations alike.
A comprehensive account of how the Athenian constitution was created-with lessons for contemporary constitution-buildingWe live in an era of constitution-making.
"e;A must-read for this era"e; that lays out in common sense language how the US Constitution works, and how its protections are eroding before our eyes (Jake Tapper, CNN Anchor and Chief Washington Correspondent).
How the Supreme Court's move to the right has distorted both logic and the ConstitutionWhat Supreme Court justices do is far more than just "e;calling balls and strikes.
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme CourtThe Supreme Court's decisions on constitutional rights are well known and much talked about.
Rot and Revival is one of the first scholarly works to comprehensively theorize and document how politics make American constitutional law and how the courts affect the path of partisan politics.
El libro contiene un proyecto íntegro de Constitución del Estado para nuestro país, elaborado por docentes del Área de Derecho Constitucional del Departamento de Derecho de la Pontificia Universidad Católica del Perú.
We often hear-with particular frequency during recent Supreme Court nomination hearings-that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines.
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity.
While many recent observers have accused American judges-especially Supreme Court justices-of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views.
Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "e;new originalist"e; interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting.
The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution's Necessary and Proper Clause, which authorizes the federal government to make laws that are "e;necessary"e; for exercising its other powers.
The 2016 presidential election campaign and its aftermath have underscored worrisome trends in the present state of our democracy: the extreme polarization of the electorate, the dismissal of people with opposing views, and the widespread acceptance and circulation of one-sided and factually erroneous information.
The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution's Necessary and Proper Clause, which authorizes the federal government to make laws that are "e;necessary"e; for exercising its other powers.
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time-among them terrorism, immigration, crime, and the death penalty.
In the years since the passage of the Patient Protection and Affordable Care Act (PPACA, or, colloquially, Obamacare), most of the discussion about it has been political.
Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation.
