Exploring the necessity of a theory of constitutional interpretation, this work delves into the complexities of legal scholarship and the implications for understanding constitutional law. The author examines various perspectives on interpretation, challenging readers to consider the foundational principles that guide judicial decision-making. Through rigorous analysis, the book invites a reevaluation of how constitutions are understood and applied in contemporary legal contexts.
Institutions protecting constitutional democracy, such as election commissions and anticorruption investigators, are an increasingly important feature in modern constitutions. The book explains why these institutions are needed in a world where competition among political parties can undermine rather than protect democracy.
How the Supreme Court's move to the right has distorted both logic and the Constitution
"The Supreme Court has unanimously held that Jackson Pollock's paintings, Arnold Schöenberg's music, and Lewis Carroll's poem 'Jabberwocky' are 'unquestionably shielded' by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting 'the freedom of speech, ' even though none involves what we typically think of as speech-- the use of words to convey meaning. As a legal matter, the Court's conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as 'speech' for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of 'speech.' While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment"-- Publisher's website
Considerations of Humanity and Interest
Examining Southern slave law from 1810 to 1860, the book highlights the stark contrast between slave labor systems and capitalist production. It emphasizes the complete control masters had over slaves, which required acknowledgment of their humanity, versus the capitalist focus on purchasing labor without personal regard. Through an analysis of various legal aspects such as contract, accident, and criminal law, it illustrates how Southern slave law navigated the conflicting demands of ethical considerations and economic interests.
Mark Tushnet excels in updating the Advanced Introduction to Comparative Constitutional Law. In this second edition Tushnet includes new material based on developments in practice and scholarship since the original edition's publication back in 2014. Topics which are given substantial additional attention include abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments, recent developments in weak- and strong-form constitutional review, and expanded consideration of third generation rights. This title will appeal to those who fell in love with the first edition and those who are interested in learning more about Comparative Constitutional Law.
This is the second edition of Professor Tushnet's short critical introduction to the history and current meaning of the United States' Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.
The book explores John Roberts' tenure as chief justice, highlighting his promise to serve as an impartial umpire while revealing how the Supreme Court has become increasingly influenced by political dynamics. It examines the significant legal precedents reshaped under his leadership, showcasing the tension between law and politics in a court that is sharply divided. Through detailed analysis, it delves into the implications of these decisions on the judicial landscape and the broader political context.
Shows how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. This book describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own.
The book offers a critical analysis of the Rehnquist Court's eighteen-year tenure, highlighting the internal divisions among justices that transcend traditional liberal-conservative lines. It emphasizes a rift between justices aligned with the modern Republican Party and those adhering to an older Republican tradition. This schism has led to a mixed legacy, where the Court has supported economic conservatism while often undermining social conservatism, setting the stage for a more radical conservative direction in the future.