Constitutional 10

Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if……続きを見る

In recent years, some public officials and advocacy groups have urged that private philanthropies be subject to more uniform standards and stricter government regulation ranging from board compositi……続きを見る

In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but……続きを見る

Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a ……続きを見る

Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionali……続きを見る

Constitutional Failure is a major contribution to studies of the German political philosopher Carl Schmitt (1888–1985), the Weimar Republic, and the relationship of constitutionalism, political econ……続きを見る

Despite its importance to the life of the nation and all its citizens, the Supreme Court remains a mystery to most Americans, its workings widely felt but rarely seen firsthand. In this book, journa……続きを見る

This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has ……続きを見る

Most recent discussion of the United States Constitution and warーboth the war on terrorism and the war in Iraqーhas been dominated by two diametrically opposed views: the alarmism of those who see ……続きを見る

America's founding documents: The Declaration of Independence and The Constitution of the United States including The Bill of Rights and the subsequent amendments (11-27). Over the years many amendm……続きを見る

This book advances a novel interpretation of EU governance. Its central claim is that the EU's regulatory successes within-and increasingly beyond-its borders rest on the emergence of a recursive pr……続きを見る

In May 1787, in an atmosphere of crisis, delegates met in Philadelphia to design a radically new form of government. Distinguished historian Richard Beeman captures as never before the dynamic of th……続きを見る

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious fre……続きを見る

The little-known story of the dramatic political maneuverings and personalities behind the creation of the office of the president, with ramifications that continue to this day. On June 1, 1787, whe……続きを見る

Regulation has become a front-page topic recently, often referenced by politicians in conjunction with the current state of the U.S. economy. Yet despite regulation’s increased presence in current p……続きを見る

For the first time, a sitting judge blows the whistle on America’s out-of-control courts. A judge for more than twenty years, Robert Dierker has enjoyed a distinguished legal career. But now that ca……続きを見る

The Real World of EU Accountability reports the findings of a major empirical study into patterns and practices of accountability in European governance. The product of a 4-year, path-breaking proje……続きを見る

The courts use the proportionality test to assess the Convention-compatibility of the full range of government action, from administrative decisions to primary legislation. In applying the test, the……続きを見る

Tema polêmico, com repercussão em vários segmentos da sociedade, a discussão sobre as ações afirmativas – e de modo especial, as chamadas cotas universitárias – parece ainda longe de uma pacificação……続きを見る

This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This case changed the direction of how Services of General and Economic Interest (SGEI) sho……続きを見る

Modern ideas about the protection of free speech in the United States did not originate in twentieth-century Supreme Court cases, as many have thought. Free Speech, “The People’s Darling Privilege” ……続きを見る

In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a cle……続きを見る

Under pressure from globalisation, the classical distinction between domestic and international law has become increasingly blurred, spurring demand for new paradigms to construe the emerging postna……続きを見る

By analysing original sources and evaluating conceptual frameworks, this book discusses the idea proclaimed in the Preamble to the Constitution that Australia is a federal commonwealth. Taking caref……続きを見る

Although the federal appointment of U.S. judges and executive branch officers has consistently engendered controversy, previous studies of the process have been limited to particular dramatic confli……続きを見る

The Constitutional State provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, terr……続きを見る

In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisi……続きを見る

How statutory enactments gut the Constitution. The Constitutional “shall have appellate jurisdiction” is replaced by the statutory “may be reviewed” 続きを見る

Transparency for Sustainability in the Food Chain lays out the key issues and challenges in food safety, food quality, chain integrity, the link with consumers, and the technological base of trackin……続きを見る

A court must have jurisdiction before it can deny a case without opinion. Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction. 続きを見る