Constitutional Culture, Independence, and Rights

Constitutional Culture, Independence, and Rights

Author: Javier García Oliva

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781487532192

DOWNLOAD EBOOK

"In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations which govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and powerfully demonstrates why the hypothetical future independence of these regions would have far reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence, this is not its purpose, and the text in fact demonstrates why there is objectively optimal approach to any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional Culture is a complex web of interconnected understandings and behaviours, the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure."--


Book Synopsis Constitutional Culture, Independence, and Rights by : Javier García Oliva

Download or read book Constitutional Culture, Independence, and Rights written by Javier García Oliva and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations which govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and powerfully demonstrates why the hypothetical future independence of these regions would have far reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence, this is not its purpose, and the text in fact demonstrates why there is objectively optimal approach to any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional Culture is a complex web of interconnected understandings and behaviours, the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure."--

Constitutional Culture, Independence, and Rights

Constitutional Culture, Independence, and Rights

Author: Javier Garcia Oliva

Publisher: University of Toronto Press

Published: 2023-05-26

Total Pages: 226

ISBN-13: 1487532202

DOWNLOAD EBOOK

In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.


Book Synopsis Constitutional Culture, Independence, and Rights by : Javier Garcia Oliva

Download or read book Constitutional Culture, Independence, and Rights written by Javier Garcia Oliva and published by University of Toronto Press. This book was released on 2023-05-26 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutional Culture, Independence, and Rights, Javier García Oliva and Helen Hall coin the term "constitutional culture" to encapsulate the collective rules and expectations that govern the collective life within a jurisdiction. Significantly, these shared norms have both legal and social elements, including matters as diverse as standards of parenting, the modus operandi of police officers, and taboos around sexuality. Using Quebec, Scotland, and Catalonia as case studies, the book delves into what these constitutional battles mean for the rights, identity, and needs of everyday people, and it powerfully demonstrates why the hypothetical future independence of these regions would have far-reaching practical consequences, beyond the realm of political structures and academic theory. The book does not present a magic bullet to resolve debates around independence – this is not its purpose, and the text in fact demonstrates why there is no objectively optimal approach in any or all contexts. Instead, it seeks to shed light on aspects of these situations often overlooked in discussions around the fate of nations, and it addresses what the consequences of constitutional paradigm shifts might be for individuals. Constitutional culture is a complex web of interconnected understandings and behaviours, and the vibrations from shaking or cutting a fundamental strand will be felt throughout the structure.

Constitutional Culture and Democratic Rule

Constitutional Culture and Democratic Rule

Author: John A. Ferejohn

Publisher: Cambridge University Press

Published: 2001-10-08

Total Pages: 430

ISBN-13: 9780521793704

DOWNLOAD EBOOK

This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.


Book Synopsis Constitutional Culture and Democratic Rule by : John A. Ferejohn

Download or read book Constitutional Culture and Democratic Rule written by John A. Ferejohn and published by Cambridge University Press. This book was released on 2001-10-08 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.

Constitutionalism and American Culture

Constitutionalism and American Culture

Author: Sandra F. VanBurkleo

Publisher:

Published: 2002

Total Pages: 472

ISBN-13:

DOWNLOAD EBOOK

Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors


Book Synopsis Constitutionalism and American Culture by : Sandra F. VanBurkleo

Download or read book Constitutionalism and American Culture written by Sandra F. VanBurkleo and published by . This book was released on 2002 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

The Culture of Judicial Independence

The Culture of Judicial Independence

Author: Shimon Shetreet

Publisher: Martinus Nijhoff Publishers

Published: 2011-11-11

Total Pages: 689

ISBN-13: 9004215859

DOWNLOAD EBOOK

The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.


Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet

Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2011-11-11 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.

The Culture of Judicial Independence

The Culture of Judicial Independence

Author: Shimon Shetreet

Publisher: Martinus Nijhoff Publishers

Published: 2015-01-27

Total Pages: 600

ISBN-13: 9004257810

DOWNLOAD EBOOK

The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.


Book Synopsis The Culture of Judicial Independence by : Shimon Shetreet

Download or read book The Culture of Judicial Independence written by Shimon Shetreet and published by Martinus Nijhoff Publishers. This book was released on 2015-01-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world peace, constitutional position of top courts, relations between the judiciary and the other branches of government, impartiality and fairness of the judicial process, judicial ethics, dispute resolution in arbitral awards and international investments, international courts and cross country issues, judicial selection. The volume also offers an update report on the International Project of Judicial Independence of the International Association of Judicial Independence and World Peace, including the relations of top courts and international courts, administrative judges, culture of judicial independence and public inquiries by judges.

Crisis of the Two Constitutions

Crisis of the Two Constitutions

Author: Charles R. Kesler

Publisher: Encounter Books

Published: 2021-02-16

Total Pages: 372

ISBN-13: 1641771038

DOWNLOAD EBOOK

American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.


Book Synopsis Crisis of the Two Constitutions by : Charles R. Kesler

Download or read book Crisis of the Two Constitutions written by Charles R. Kesler and published by Encounter Books. This book was released on 2021-02-16 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: American politics grows embittered because it is increasingly torn between two rival constitutions, two opposed cultures, two contrary ways of life. American conservatives rally around the founders’ Constitution, as amended and as grounded in the natural and divine rights and duties of the Declaration of Independence. American liberals herald their “living Constitution,” a term that implies that the original is dead or superseded, and that the fundamental political imperative is constant change or transformation (as President Obama called it) toward a more and more perfect social democracy ruled by a Woke elite. Crisis of the Two Constitutions details how we got to and what is at stake in our increasingly divided America. It takes controversial stands on matters political and scholarly, describing the political genius of America’s founders and their efforts to shape future generations through a constitutional culture that included immigration, citizenship, and educational policies. Then it turns to the attempted progressive refounding of America, tracing its accelerating radicalism from the New Deal to the 1960s’ New Left to today’s unhappy campus nihilists. Finally, the volume appraises American conservatives’ efforts, so far unavailing despite many famous victories, to revive the founders’ Constitution and moral common sense. From Ronald Reagan to Donald Trump, what have conservatives learned and where should they go from here? Along the way, Charles R. Kesler argues with critics on the left and right, and refutes fashionable doctrines including relativism, multiculturalism, critical race theory, and radical traditionalism, providing in effect a one-volume guide to the increasingly influential Claremont school of conservative thought by one of its most engaged, and engaging, thinkers.

Constitutional Cultures

Constitutional Cultures

Author: Ulrike Bock

Publisher: Cambridge Scholars Publishing

Published: 2013-01-14

Total Pages: 485

ISBN-13: 1443845485

DOWNLOAD EBOOK

Written constitutions are an important attribute of nation states and have become a global phenomenon over the past 200 years. The process began with the revolutions in the Atlantic World, from where it spread to other regions. The present volume looks into the complex of constitutions, the fundamental values conveyed by the constitutional texts, the building and functioning of new constitutional bodies and their symbolic representation. All the authors work on the assumption that in order to fully understand the constitutional order and its history, it is necessary, in addition to studying the legal text, to analyse its special forms of implementation and legitimisation. Therefore, culture is seen as an important component of constitutional history. The volume brings together historians from Argentina, France, Germany, Great Britain, Spain and the United States; all are specialised in constitutional history and political culture in the 19th century. Their contributions include case studies on the colonial European powers as well as their colonies or ex-colonies in the Americas. A special aim of the volume is to show the connectedness of the constitutional processes that took place in these regions during the late 18th and the 19th centuries. By connecting two vibrant research areas, this volume makes an important contribution to studies on political culture and the history of the Atlantic World. The book targets a broad academic readership, especially in the fields of cultural studies, history, and political science, and contributes to an internationalisation of the academic debate on the concept of constitutional culture.


Book Synopsis Constitutional Cultures by : Ulrike Bock

Download or read book Constitutional Cultures written by Ulrike Bock and published by Cambridge Scholars Publishing. This book was released on 2013-01-14 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written constitutions are an important attribute of nation states and have become a global phenomenon over the past 200 years. The process began with the revolutions in the Atlantic World, from where it spread to other regions. The present volume looks into the complex of constitutions, the fundamental values conveyed by the constitutional texts, the building and functioning of new constitutional bodies and their symbolic representation. All the authors work on the assumption that in order to fully understand the constitutional order and its history, it is necessary, in addition to studying the legal text, to analyse its special forms of implementation and legitimisation. Therefore, culture is seen as an important component of constitutional history. The volume brings together historians from Argentina, France, Germany, Great Britain, Spain and the United States; all are specialised in constitutional history and political culture in the 19th century. Their contributions include case studies on the colonial European powers as well as their colonies or ex-colonies in the Americas. A special aim of the volume is to show the connectedness of the constitutional processes that took place in these regions during the late 18th and the 19th centuries. By connecting two vibrant research areas, this volume makes an important contribution to studies on political culture and the history of the Atlantic World. The book targets a broad academic readership, especially in the fields of cultural studies, history, and political science, and contributes to an internationalisation of the academic debate on the concept of constitutional culture.

The United States Constitution in Film

The United States Constitution in Film

Author: Eric T. Kasper

Publisher: Rowman & Littlefield

Published: 2018-10-15

Total Pages: 315

ISBN-13: 1498549128

DOWNLOAD EBOOK

The U.S. Constitution is often depicted in popular films, teaching lessons about what this founding document means and what it requires. Mr. Smith Goes to Washington educates how a bill becomes a law. 12 Angry Men informs us about the rights of the accused. Selma explores the importance of civil rights, voting rights, and the freedom of speech. Lincoln shows us how to amend the Constitution. Not only have films like these been used to teach viewers about the Constitution; they also express the political beliefs of directors, producers, and actors, and they have been a reflection of what the public thinks generally, true or not, about the meaning of the Constitution. From the indictment of Warren Court rulings in Dirty Harry to the defense of the freedom of the press in All the President’s Men and The Post, filmmakers are often putting their stamp on what they believe the Constitution should mean and protect. These films can serve as a catalyst for nationwide conversations about the Constitution and as a way of either reinforcing or undermining the constitutional orthodoxies of their time. Put another way, these films are both symbols and products of the political tug of war over the interpretation of our nation’s blueprint for government and politics. To the contemporary student and the casual reader, popular films serve as an understandable way to explain the Constitution. This book examines several different areas of the Constitution to illuminate how films in each area have tried to engage the document and teach the viewer something about it. We expose myths where they exist in film, draw conclusions about how Hollywood’s constitutional lessons have changed over time, and ultimately compare these films to what the Constitution says and how the U.S. Supreme Court has interpreted it. Given the ever-present discussion of the Constitution in American politics and its importance to the structure of the U.S. government and citizens’ rights, there is no question that the popular perceptions of the document and how people acquire these perceptions are important and timely.


Book Synopsis The United States Constitution in Film by : Eric T. Kasper

Download or read book The United States Constitution in Film written by Eric T. Kasper and published by Rowman & Littlefield. This book was released on 2018-10-15 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution is often depicted in popular films, teaching lessons about what this founding document means and what it requires. Mr. Smith Goes to Washington educates how a bill becomes a law. 12 Angry Men informs us about the rights of the accused. Selma explores the importance of civil rights, voting rights, and the freedom of speech. Lincoln shows us how to amend the Constitution. Not only have films like these been used to teach viewers about the Constitution; they also express the political beliefs of directors, producers, and actors, and they have been a reflection of what the public thinks generally, true or not, about the meaning of the Constitution. From the indictment of Warren Court rulings in Dirty Harry to the defense of the freedom of the press in All the President’s Men and The Post, filmmakers are often putting their stamp on what they believe the Constitution should mean and protect. These films can serve as a catalyst for nationwide conversations about the Constitution and as a way of either reinforcing or undermining the constitutional orthodoxies of their time. Put another way, these films are both symbols and products of the political tug of war over the interpretation of our nation’s blueprint for government and politics. To the contemporary student and the casual reader, popular films serve as an understandable way to explain the Constitution. This book examines several different areas of the Constitution to illuminate how films in each area have tried to engage the document and teach the viewer something about it. We expose myths where they exist in film, draw conclusions about how Hollywood’s constitutional lessons have changed over time, and ultimately compare these films to what the Constitution says and how the U.S. Supreme Court has interpreted it. Given the ever-present discussion of the Constitution in American politics and its importance to the structure of the U.S. government and citizens’ rights, there is no question that the popular perceptions of the document and how people acquire these perceptions are important and timely.

Declaring Rights

Declaring Rights

Author: Jack N. Rakove

Publisher: Macmillan Higher Education

Published: 2018-12-05

Total Pages: 217

ISBN-13: 131924260X

DOWNLOAD EBOOK

Questions about the original meaning of the Bill of Rights remain a source of active concern and controversy in the twenty-first century. In order to help students consider the intentions of the first Constitutional amendments and the significance of declaring rights, Jack Rakove traces the tradition and describes the deliberations from which the Bill of Rights emerged.


Book Synopsis Declaring Rights by : Jack N. Rakove

Download or read book Declaring Rights written by Jack N. Rakove and published by Macmillan Higher Education. This book was released on 2018-12-05 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions about the original meaning of the Bill of Rights remain a source of active concern and controversy in the twenty-first century. In order to help students consider the intentions of the first Constitutional amendments and the significance of declaring rights, Jack Rakove traces the tradition and describes the deliberations from which the Bill of Rights emerged.