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Top Series in United States

Showing 1 - 12 of 12 results for “bosko tripkovic
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  • The Metaethics of Constitutional Adjudication

    Series series Oxford Constitutional Theory
    In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the ... Read more

    $97.19 USD

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  • Constitutional Courts and Deliberative Democracy

    Series series Oxford Constitutional Theory
    Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed ... Read more

    $47.69 USD

  • Foundations of Public Law

    Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence ... Read more

    $58.49 USD

  • The Conscience of the Constitution

    The Declaration of Independence and the Right to Liberty

    The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty documents a forgotten truth: the word “democracy” is nowhere to be found in either the Constitution or the Declaration. But it is the overemphasis of democracy by the legal community–rather than the primacy of liberty, as expressed in the Declaration of Independence–that has led to the growth of government ... Read more

    $6.29 USD

  • New Challenges to Constitutional Adjudication in Europe

    A Comparative Perspective

    Series series Comparative Constitutional Change
    In the past few years, constitutional courts have been presented with new challenges. The world financial crisis, the new wave of terrorism, mass migration and other country-specific problems have had wide-ranging effects on the old and embedded constitutional standards and judicial constructions. This book examines how, if at all, these unprecedented social, economic and political problems have ... Read more

    $59.99 USD

  • The Fragility of Law

    Constitutional Patriotism and the Jews of Belgium, 1940–1945

    by David Fraser ...
    The Fragility of Law examines the ways in which, during the Second World War, the Belgian government and judicial structure became implicated in the identification, exclusion and killing of its Jewish residents, and in the theft - through Aryanization - of Jewish property.David Fraser demonstrates how a series of political and legal compromises meant that the infrastructure for antisemitic ... Read more

    $62.99 USD

  • Sovereignty and Liberty

    A Study of the Foundations of Power

    by Amnon Lev ...
    The attitude we take to power is almost invariably one of distrust, never more so than when it claims to be sovereign. And yet, we have always been drawn to sovereignty. Out of fear or fascination, we accepted that it was a condition of our liberty; that to assert ourselves as free, we would have to work not against but through sovereign power. This book retraces the history of the implication of ... Read more

    $65.99 USD

  • Controversies in American Federalism and Public Policy

    Edited by Christopher P. Banks ...
    Series series Controversies in American Constitutional Law
    This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact ... Read more

    $60.99 USD

  • The System of the Constitution

    A constitutional order is a system of systems. It is an aggregate of interacting institutions, which are themselves aggregates of interacting individuals. In The System of the Constitution, Adrian Vermeule analyzes constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines. Systems theory illuminates both the ... Read more

    $59.39 USD

  • Philosophical Foundations of Constitutional Law

    Series series Philosophical Foundations of Law
    Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at ... Read more

    $42.29 USD

  • Originalism and the Good Constitution

    Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments ... Read more

    $47.69 USD

  • The Sovereignty of Law

    Freedom, Constitution, and Common Law

    by T.R.S. Allan ...
    In The Sovereignty of Law, Trevor Allan presents an accessible introduction to his influential common law constitutional theory - an account of the unwritten constitution as a complex articulation of legal and moral principles. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles ... Read more

    $39.59 USD