Showing papers on "Constitution published in 1972"

Economic analysis of law

Abstract: Economic Analysis of Law, Eighth Edition, written by the pioneer in law and economics analysis, Richard A. Posner, remains the classic text in its field. This lucid, comprehensive casebook covers every aspect of the economic analysis of the law, including the common law, public regulation of the market, business organizations and financial markets, the distribution of income and wealth, the legal process, and the Constitution and the federal system. The Eighth Edition has been substantially revised to take into account current events, including the continuing economic crisis, the re-emerging field of organization economics, and recent work by the author and others on judicial behavior. The this preeminent casebook continues to offer Coverage of the legal-economic perspective on all key areas, from common law to the constitution. Accessible, lucid, and user-friendly writing and organization: Non

Constitutions of the countries of the world

Abstract: For over 30 years, "CCW" has distinguished itself as the gold standard for full-text, integrated versions of 192 country constitutions, translated into English by constitutional scholars familiar with the legal systems, judicial language, and official language of the foreign jurisdictions they cover. Complementing the official documents are Introductory and Comparative Notes that examine recent amendments and highlight pertinent historical, political and economic factors. Where especially useful, a summary of topics treated is provided as well, helping the reader zero in on the most relevant articles of the constitution quickly. In some cases a chronology is also provided. Its clear and easy organization makes this set a pleasure to use. Constitutions are arranged alphabetically by country name, with each country housed in a self-contained pamphlet. Painstakingly translated, comprehensively annotated and clearly organized, this collection provides lawyers, scholars and students with an ideal tool for comparative research in constitutional law, history, and politics. It is updated approximately eight times per year.

The Levellers and the Franchise

Abstract: A discussion of the Levellers which concentrates solely on their proposals for a new parliamentary franchise calls for some justification. These proposals formed only one part of the Leveller programme, and not necessarily the most important part at that. In the history of political theory the Levellers are important for many other reasons. They proclaimed that men were born equal and that government could be founded only on consent. They stood for religious toleration and equality before the law. Their concern for civil liberties led them into making the first-known attempt at writing down a law paramount which not even the legislature could alter. Their successive manifestoes, the ‘Agreements of the People’, were the earliest English approximations to a written constitution. They also gave early expression to the doctrine of the separation of powers. If to these achievements we add their advocacy of numerous specific reforms, from the abolition of tithes to the reform of the law, we can recognise that the Levellers have an importance in the history of social and political thought which far transcends any plans they had for remodelling the franchise.

Political parties before the Constitution

Abstract: This is the first book dealing with any period in American history which attempts to describe and analyze national politics through studying voting patterns in state legislatures. During the 1780s two relatively stable legislative parties" emerged in every state, and each state possessed common characteristics. Main labels these parties "localists" and "cosmopolitans" and show how such issues as funding of debts, paper money, and land prices provided a battlefield for those early part division.Originally published in 1972.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

The Specific Theory of Academic Freedom and the General Issue of Civil Liberties

Abstract: Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty mem bers, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of faculty members for the integrity of their professional endeavors from their roles as private citizens, is long overdue.

Mexican Revolution: The Constitutionalist Years

Abstract: The years 1913-1920 were the most critical years of the Mexican revolution. This study of the period, a sequel to Cumberland's Mexican Revolution: Genesis under Madero (University of Texas Press, 1952), traces Mexico's course through the anguish of civil war to the establishment of a tenuous new government, the codification of revolutionary aspirations in a remarkable constitution, and the emergence of an activist leadership determined to propel Mexico into the select company of developed nations. The narrative begins with Huerta's overthrow of Madero in 1913 and the rise of Carranza's Constitutionalist counterchallenge. It concludes with a summary of Carranza's stormy term as constitutional president climaxed by his ouster and overthrow in a revolt spearheaded by Alvaro Obregon. Professor Cumberland has based his study on a wide range of Mexican and U.S. primary sources as well as pertinent secondary studies. He has utilized much new material and has brought to it a mature and sophisticated analysis; the result is a major contribution to the understanding of one of the twentieth century's most significant revolutionary movements.

Amending the Constitution: A Letter to a Congressman

Abstract: There was introduced in the Senate, in the 92d Congress, a bill (S.215)1 dealing with the procedures to be followed on state applications for a national constitutional convention pursuant to Article V of the Constitution. The bill passed the Senate2 but was still in the House Judiciary Committee when Congress adjourned. While it was there, I wrote the following letter to Congressman Emanuel Celler, then Chairman of the Committee, giving my reasons for believing that the passage of a bill such as S.215 would be a national calamity. The letter is reproduced here because I believe the profession ought to be exposed to a full spectrum of opinion on this major question. There is another reason for its reproduction at this time. The Harvard Law Review, in a student Note,3 has taken issue with some of the conclusions expressed in the letter. On full reconsideration, I must say that I do not think the authors of this Note have laid a finger on me, but I prefer that the profession be the judge of that, by having access to my own expression of my views, rather than by seeing them through the semi-opaque pane of paraphrase and selective quotation. I consider it inappropriate at this time to accompany the letter with specific answers to the Harvard Note; in sum, I feel the

The Washington Administration's Decision to Crush the Whiskey Rebellion

Abstract: ONE of the fundamental questions raised in the debates over the Constitution in 1787 and 1788 was on what foundation the ultimate authority of government rested. When they discussed the problem men who differed over the Constitution as much as James Madison and Richard Henry Lee agreed that government was based either on law or on force and that law was the only firm basis on which to build a healthy republican society. And they also agreed that once the law failed, either through individual disobedience or riot and rebellion, force would be necessary to restore order and compel citizens to fulfill their social obligations.' The first test of this doctrine came in 1794 with the Whiskey Rebellion, a clear-cut case of the failure of law and the necessity for coercion, at least to the Federalist leaders who were responsible for executing the laws. Yet a question which had been wholly neglected in the discussion six years earlier was how force should be applied and how physical coercion could restore respect for the law. Historians have also missed this problem. Prevailing interpretations of the rebellion, whether sympathetic to the rebels or to the Washington administration, have presented a picture of a federal executive dominated by the advice and philosophy of Alexander Hamilton moving quickly and eagerly to crush the insurrection with force. The only major historiographic controversy has been over whether Hamilton provoked the rebellion in order to enhance the government's stature with a show of military power.2

The Constitution of the United Kingdom

Abstract: Why not, we are asked, establish a permanent reconciliation between England and Ireland by the conversion of the United Kingdom into a federalised kingdom whereof England, Scotland, Ireland, and Wales, and, for aught I know, the Channel Islands and the Isle of Man, Shall form separate states? This new constitutional idea of the inherent excellence of federalism is a new faith or delusion which deserves examination.

Equalizing Educational Opportunity

Abstract: In four years, the United States will celebrate the 200th anniversary of the Declaration of Independence. The celebration will signify that we as a nation still subscribe to the principles enunciated in the Declaration. The first principle stated therein is that "all Men are created equal," with equality being defined as the unalienable right to life, liberty, and the pursuit of happiness. The celebration should be marked by an air of embarrassment. In fifteen years, the United States will celebrate the 200th anniversary of the Constitution. The 14th Amendment to that document says that no state "shall deny to any person within its jurisdiction the equal protection of the laws." Unless considerable change takes place between now and 1987, we shall assemble for the ceremonies in acute discomfort.

Invasion of Privacy: A Clarification of Concepts

Abstract: Those who follow scholarly literature and legal developments on the subject of privacy have noted an unevenness in the pace of doctrinal evolution. Occasionally there has been a leap forward. In 1890, Warren and Brandeis identified privacywhich they defined, in overbroad but meaningful terms, as the right "to be let alone"-as a significant value that deserved, and indeed had to a large extent received, legal protection by the courts.' In 1965, five members of the United States Supreme Court joined in a remarkable opinion by one of their numberJustice William 0. Douglas-in which, extrapolating from the several Bill of Rights safeguards of particular aspects of privacy (such as the privilege against self-incrimination, the immunity from unreasonable searches and seizures, and the prohibition against the quartering of troops in civilian homes in peacetime), he postulated the existence of a general right of privacy which the Constitution itself protects.2 And in 1967, only two years thereafter, Professor Alan F. Westin undertook to offer a conceptual system broader than that of his predecessors in two major * Copyright ? 1972, by Louis Lusky. This article, somewhat expanded, also appears in the Columbia Law Review, LXXII (1972). 'Samuel D. Warren and Louis D. Brandeis, "The Right to Privacy," Harvard Law Review, IV (1890), 193. 2 Griswold v Contnecticut, 381 U.S. 479 (1965).

Communalism and Constitution-making in Fiji

Abstract: I N PLURAL SOCIETIES the Constitution, the supreme law of the land, is of more than usual importance, for during the formative period of the nation it provides the broad framework for the development of mutual relations among the various communal groups and, more important, it indicates the thinking and attitudes of the majority community or the indigenous community (who believe that they have an inherent right to political paramountcy) towards the other communities and towards the fundamental problems of communalism and nation-building. The Constitution also indicates whether the ruling community has faith in the eventual economic and political integration of the various communities and the creation of a united new nation where, in the words of Prime Minister Lee Kuan Yew of Singapore, "people, regardless of their race, religion and different cultural backgrounds, should get a just share of the good things of life as citizens of equal worth" or that it believes in the involuntary assimilation or absorption of the minority or immigrant communities and seeks to establish the paramountcy of the majority or indigenous community through constitutional and political means. The present article examines this problem as it is manifesting itself in Fiji. According to the i966 Census, Fiji's population consisted of the following:1 The most important demographic fact is that the Indians, the immigrant community, are not only the largest single group but that they con-

Changing Conceptions of Constitutionalism in the Era of World War II and the Cold War

Abstract: CONSTITUTIONALISM iS one of the major themes in western political thought which has occupied a preeminent place in the American political tradition. Whatever else is said about the way Americans manage their governmental and political affairs, attention is invariably directed to the peculiarly important role that written constitutions have come to assume in defining the institutional framework and central purposes and values of the polity. Like most important political ideas, however, constitutionalism in its long history has acquired a variety of meanings and significations. The idea of the constitutional has become as basic to our political thought and discourse as the idea of the public interest-and as difficult to define. For what is regarded as constitutional by one person or group may seem unconstitutional or arbitrary to another. Nevertheless, though the concept may not readily lend itself to precise and rigorous application in the analysis of political behavior, few would deny its importance as a political idea or its validity in distinguishing between systems of government. Efforts to assess the nature, meaning, and significance of constitutionalism reflect major tendencies in the political and intellectual life of a society in addition to providing insight into one of the central problems of political theory. In the early years of the twentieth centuryAmerican intellectual life was transformed by a shift of interest to the social and economic dimension of human affairs. Political and legal scholars, while not a principal source of this transformation, were nevertheless stimulated by it to adopt a new attitude of critical realism toward the constitution and public law. Constitutional realism at a minimum involved description of the actual institutions of government and distribution of power beyond the formal prescriptions of the constitution and laws. Often identified with reform efforts, constitutional realists criticized the judicial process and the general tendency of traditional constitutionalism to emphasize restraints on governmental power. They gave special attention, moreover, to the motivating forces behind constitutional change-an intellec-

The Democratic Republic of the Sudan

Abstract: CONSTITUTION AND GOVERNMENT. The Sudan was proclaimed a sovereign independent republic on 1 Jan. 1956. On 19 Dec. 1955 the Sudanese parliament passed unanimously a declaration that a fully independent state should be set up forthwith, and that a Council of State of 5 should temporarily assume the duties of Head of State. The Co-domini, the UK and Egypt, gave their assent on 31 Dec. 1955.

War-Making Under the Constitution: The Original Understanding

Abstract: The first major public debate over the division of war-making power between Congress and the President occurred in mid-1793 following President Washington's proclamation of American neutrality1 in the war which had broken out between England and France at the beginning of that year. Defending Washington's action in a series of newspaper articles under the disarming pseudonym of "Pacificus," Alexander Hamilton, a participant in the Constitutional Convention six years earlier, argued that since war-making was by nature an executive function, Congress could exercise only those aspects of it which the Constitution specifically grants the legislature. These grants, being exceptions to the general rule, must be narrowly construed.2 James Madison, a principal framer of the Constitution and co-author with Hamilton and John Jay of The Federalist Papers, found the Constitution equally clear, but to the opposite effect. Writing as "Helvidius," Madison asserted that war-making was a legislative function and that any exceptions in favor of the executive must be strictly interpreted. The debate thus opened has continued sporadically to the present day. Most recently, limited wars in Korea and Indochina have occasioned renewed interest in the question of which branch of the federal government is constitutionally empowered to commence war.4 In the

Ne Win's Burma: At the End of the First Decade

Abstract: hen General Ne Win ousted constitutionally chosen U Nu as Burma's prime minister on March 2, 1962, it was declared that he did so to save the division-plagued Burmese state. Imminent secession of the Shans in the northeast, guaranteed by the constitution, was particularly feared, but there was also concern among the country's military leaders about the other minorities' demands and their continuing insurgencies. Probably no lese important, the leading soldiers were fed up with what they perceived as the perpetual bickering and lack of unity of the country's civilian political elite which had largely governed the nation since independence in 1948. Westernstyle democratic political institutions had been twice tried-and found wanting. And Burmese socialism had been too long delayed in its implementation, partly because of alleged ties between the country's civilian politicians and the still economically important Indian and Chinese communities.1 For the ten subsequent years, the soldiers, led by General Ne Win, ruled Burma-as soldiers. They did so through the instruments of a militarydominated "Revolutionary Council" and a subordinate Council of Ministers. Then, on April 20, 1972, "General" Ne Win became "U" Ne Win, resigning his military rank, together with 20 of his top aides, and becoming "civilian" premier of Burma, the country's first "civilian" leader in a decade.2 Two days later, a new draft constitution was announced, providing for a "Socialist Republic of Burma" with a single political party and an elected onechamber 600-member People's Congress. Earlier, in March, then stillGeneral Ne Win had announced major changes in the governmental administrative structure of the country, and in mid-year a similar "revolution" changing the judicial system was proclaimed.

Of Rights and Remedies: The Constitution as a Sword

Abstract: In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics,t the Supreme Court held that a cause of action for damages against federal law enforcement officers who violate the fourth amendment could be inferred directly from constitutional provisions. Through analysis of the reasoning which necessarily underlies such a holding, the author draws several general conclusions about the respective roles of the Court and Congress in creating and restricting remedies effectuating constitutional guarantees. He then applies his analysis to the possibilities for independent judicial creation of an action against governmental units and for legislative replacement of the exclusionary rule with compensatory remedies against the fisc.