Showing papers on "Constitution published in 1985"

The Constitution of Society.

Abstract: A continuously conveyed series of uniformly dimensioned panels of thin sheet material are counted and stacked from the bottom against an abutment edge of a stationary but rotatable cam plate. When a predetermined number of panels is collected in the stack, the cam plate is rotated to lift the stack into a rotating roll nip for conveyance to a second roll nip. Removal of the stack from the proximity of the collecting cam plate is completed by the second roll nip after the collecting cam has resumed a stationary, collecting position.

Novus Ordo Seclorum: the Intellectual Origins of the Constitution

Abstract: This is the first major interpretation of the framing of the Constitution to appear in more than two decades. Forrest McDonald, widely considered one of the foremost historians of the Constitution and of the early national period, reconstructs the intellectual world of the Founding Fathers including their understanding of law, history political philosophy, and political economy, and their firsthand experience in public affairs and then analyzes their behavior in the Constitutional Convention of 1787 in light of that world. No one has attempted to do so on such a scale before. McDonald's principal conclusion is that, though the Framers brought a variety of ideological and philosophical positions to bear upon their task of building a "new order of the ages," they were guided primarily by their own experience, their wisdom, and their common sense. "A witty and energetic study of the ideas and passions of the Framers." "New York Times Book Review" "Bristles with wit and intellectual energy." "Christian Science Monitor" "A masterpiece. McDonald's status as an interpreter of the Constitution is unequalled magisterial." "National Review""

Interest groups in American public law

Abstract: The bicentennial of the Constitution is approaching in a time of considerable dissatisfaction with the American scheme of governance. The dissatisfaction takes various forms, but many of the concerns have a common root in the problems produced by the existence of interest groups, or "factions," and their influence over the political process. The scheme is challenged on the grounds that it allows powerful private organizations to block necessary government action;1 that the lawmaking process has been transformed into a series of accommodations among competing elites;2 and that the rise of a large bureaucracy exercising broad discretionary power has undermined original constitutional goals by circumventing the safeguards of separation of powers and electoral accountability.3 The problem of faction has been a central concern of constitutional law and theory since the time of the American Revolution. Madison made control of factions the centerpiece of his defense of the proposed Constitution. His antifederalist opponents objected on the ground that his solution was a false one, addressing only a symptom of the underlying problem. This de-

The Changing Constitution

Abstract: PART 1 THE CONSTITUTIONAL FRAMEWORK 1. The rule of law and its underlying values 2. The sovreignty of parliament - form or substance? 3. Human rights and the British constitution 4. Britain in the European Union 5. The internationalization of public law and its impact on the United Kingdom 6. Models of democracy: from representation to participation? PART II THE INSTITUTIONAL CONTEXT 7. The 'modernization' of the United Kingdom parliament? 8. The executive: towards accountable government and effective governance? 9. Scottish devolution: developing practice in multi-layer governance 10. Northern Ireland and British constitution since the Belfast Agreement 11. Devolution and the changing constitution: evolution in Wales and the unanswered English question 12. The new local government PART III THE REGULATION OF POWER 13. Courts, tribunals, ombudsmen, ADR: administrative justice, constitutionalism and informality 14. Regulations, markets and legitimacy 15. The control of public expenditure 16. The Freedom of Information Act 2000 - a sheep in wolf's clothing? 17. Standards of conduct in public life

Laissez-Faire and Liberty: A Re-Evaluation of the Meaning and Origins Of Laissez-Faire Constitutionalism

Abstract: Until recently, historians of American constitutionalism agreed that, except for the infamous Dred Scott decision, the most unfortunate decisions of the Supreme Court were those that incorporated the notion of laissez-faire into the Constitution in the late nineteenth century. These decisions permitted the Court to frustrate efforts to secure a more just economic order in the United States until the 1930s. The intellectual foundations of laissez-faire constitutionalism have been so alien to most legal scholars since the 1930s (and equally unintelligible to many even earlier) that they have found it difficult to believe these decisions were the result of efforts to enforce ‘neutral’ principles of constitutional law, to utilize the terms of Herbert Wechsler's famous analysis. They could not conceive of the Court's rhetoric about liberty and due process as anything but cant, a subterfuge designed to camouflage other purposes.

Emergence of a Free Press

Abstract: Leonard W. Levy's Legacy of Suppression so disturbed Supreme Court Justice Hugo L. Black that he called it "one of the mosts devastating blows that has been delivered against civil liberty for a long time." Published in 1960, this book challenged the liberal interpretation of the First Amendment by claiming that the framers of the Constitution intended it only as a protection against the prior restraint of a publication. It was not, Levy vehemently argued, meant to be used as a defense in seditious libel cases. In other words, freedom of the press meant that a publisher had the freedom to publish, but not without impunity. ____In Emergence of Free Press, Levy rethinks many of the controversial opinions put forth in the original work. A revised and enlarged edition of the first volume, it offers a more moderate view of the rights guaranteed by the First Amendment. Based on extensive additional research, especially on the newspapers published in Revolutionary America, Levy now concedes that the original interpretation of the First Amendment, even if it wasn't the framers' intention, was broad in scope. "That so many courageous and irresponsible editors risked imprisonment amazes me," he writes. Though he holds to his belief in the writers' intention, he concludes that we don't have to be limited by their narrow view.

The Original Understanding of Original Intent

Abstract: When interpreting the Constitution, judges and commentators often invoke the “original intent of the framers” in support of their positions. Many claim that such an interpretive strategy is not only currently desirable, but indeed was the expectation of the Constitution’s drafters and early interpreters. In this Article, Professor Powell examines the historical validity of the claim that the framers of the Constitution expected future interpreters to seek the meaning of the document in the framers’ intent. He first examines the various cultural traditions that influenced legal interpretation at the time of the Constitution’s birth. Turning to the history of the Constitution’s framing, ratification, and early interpretation, Professor Powell argues that although early constitutional discourse did contain references to “original intention” and the “intent of the framers,” the meaning of such terms was markedly different from their current usage. He concludes that modern resort to the “intent of the framers” can gain no support from the assertion that such was the framers’ expectation, for the framers themselves did not believe such an interpretive strategy to be appropriate.

History of the Rise, Progress, and Termination of the American Revolution. Interspersed With Biographical, Political and Moral Observations.

Abstract: Mercy Otis Warren has been described as perhaps the most formidable female intellectual in eighteenth-century America. This work (in the first new edition since 1805) is an exciting and comprehensive study of the events of the American Revolution, from the Stamp Act Crisis of 1765 through the ratification of the Constitution in 1788-1789. Steeped in the classical, republican tradition, Warren was a strong proponent of the American Revolution. She was also suspicious of the newly emerging commercial republic of the 1780s and hostile to the Constitution from an Anti-Federalist perspective, a position that gave her history some notoriety.

Sir John Davies and the Conquest of Ireland: A Study in Legal Imperialism

Abstract: Preface Abbreviations Part I. Introduction: 1. Law as an instrument of colonization 2. Sir John Davies: a biographical sketch 3. Ireland and the origins of stare decisis Part II. Judicial Encounters: The Native Community: 4. The cases of gavelkind and tanistry: legal imperialism in Ireland, 1603-1610 5. The case of the Bann fishery Part III. Judicial Encounters: The Colonial Community: 6. The mandates controversy and the case of Robert Lalor 7. The case of customs payable for merchandise 8. The case of mixed money Part IV. Conclusion: 9. Sir John Davies, the ancient constitution and civil law Notes Select bibliography Index.

Republicanism and Ideology

Abstract: Republicanism slipped into the scholarly lexicon in the late 1960s and has since become the most protean concept for those working on the culture of antebellum America. In its initial appearance republicanism referred to a body of ideas said to have animated the men of the revolutionary generation. Drawn from the vivid polemics of the English opposition, republican ideology filled Americans with a horror of arbitrary power and a fear of the incipient corruption of the British Constitution. Since the men who led the colonial resistance movement presided over the affairs of the new nation for the next fifty years it could reasonably be inferred that they would carry their republican world view with them into the nineteenth century, letting it set the agenda for political discourse for years to come. And so it has been. The recent discovery of republicanism as the reigning social theory of eighteenth-century America has produced a reaction among historians akin to the response of chemists to a new element. Once having been identified, it can be found everywhere. Thus scholars in the last twenty years have used republicanism to revise conventional wisdom on the debates over the Constitution, the opposition politics of the 1790s and the partisan divisions of the Jacksonian era.1 Similarly old nuclei of American historiography like the significance of the frontier, the role of women, the politics of New England clergy-even the actions of Washington's officer corps-have been formed into new compounds with the addition of republicanism. 2

Governors and Government in Early Sixteenth-Century Florence, 1502-1519

Abstract: When Piero Soderino was elected to the new office of Gonfalonier of Justice in 1502, he was faced not only with the problem of foreign invasions of italy but also with a controversial new constitution based on a Great Council of over 3,000 members. With the return of the Medici in 1512, the earlier constitutional order was restored-one that was far more oligarchical, and much less satisfactory, for many Florentines. This book provides a lively account of political alignments and decision making in these two contrasting governments, and analyzes the causes and significance of the Medici overthrow of the popular government of Soderino. Butters also reveals both the skills and shortcomings of the governments' leaders and the impact of the Medici pope, Leo X, on the city's affairs.

Constitution-making: The Pre-eminently Political Act

Abstract: It may appear to be a truism to state that constitution-making is an eminently political act. Never the less, after a generation of withdrawal on the part of many political scientists from consideration of all that is labelled ‘constitutional’ in the world of government and politics, on the grounds that such matters are merely ‘formal’ and hence not ‘real’, it is a truism that needs restating. The case studies in this volume fully demonstrate its validity.

The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

Abstract: A synthesis of legal analysis and narrative history that evaluates the Supreme Court's first hundred years.

Introduction to British Politics

Abstract: Preface. 1. Introducing British Politics. What is Power?. Perspectives on Political Power. What is Britain?. Organization of the Book. References and Guide to Further Reading. Part I: The Constitutional System, Political Parties and Elections. 2. The Changing Constitution and the Rules of the Political Game. . Introduction. The Constitution and State Power. What is the British Constitution?. How to Study the Constitution. The Origins of the Constitution. The Balanced Constitution. The Liberal Constitution. The Liberal--Democratic Constitution: Representative Democracy. Conclusion. References and Guide to Further Reading. 3. The Party System, Political Parties and Party Funding. Introduction. The Functions of the Political Parties. The Classification of Party Systems. The British Party System. Party Development and Social Cleavages. Party Organization. British Political Parties. Party Funding. Conclusion. References and Guide to Further Reading . 4. Choosing our Leaders 1: The Sociology of Voting. . Introduction. Voting Studies. Party Identification Theory and Social Class. Dealignment and a Newa Cleavages. Conclusion. References and Guide to Further Reading . 5. Choosing our Leaders 2: The Economics, Geography and Politics of Voting. Introduction. The Economics of Politics: Public Choice Theory and Rational Choice. The Geography of Voting. The Politics of Voting: Labour and the 1997 General Election. Conclusion. References and Guide to Further Reading . Part II: Pressures, Power and the State. . 6. Influencing our Leaders: Perspectives on Interests and Groups. . Introduction. Interest Group Concepts. Classic Pluralism: Perfect Competition. Imperfect Competition. Neopluralism. Hyperpluralism and Demand Overload. Corporatism: Closed Competition. New Social Movements and Direct Action. The Problem of Collective Action. The Problem of Insider Lobbying by MPs. Conclusion. References and Guide to Further Reading . 7. The Central State. Introduction. The Civil Service. The Bank of England. The Armed Forces. The Security Services. The Judiciary. Conclusion. References and Guide to Further Reading. 8. Beyond the Central State: Local, Regional and Devolved Governance. Introduction. Local Government. Quangos. Regional Administration and Government. Devolution and National Government. Conclusion. References and Guide to Further Reading. 9. Who Really Runs Britain?. . Introduction. Is There a British Power Elite?. Is There a Ruling Class in Britiain?. Systemic and Institutionalized Power. Conclusion. References and Guide to Further Reading. Part III: Ideas and Issues. . 10. Beyond Left and Right?. . Introduction. Old Labour and the Pursuit of Socialism. Conservatism and the New Right. The Birth of New Labour. Conclusion. References and Guide to Further Reading. 11. The Constitution as an Issue. . Introduction. Towards Constitutional Crisis. Constitutional Criticisms. Constitutional Changes. Conclusion: Constitutional Futures. References and Guide to Further Reading. 12. Managing the Economy. Introduction. The Long--Term Decline of the British Economy. The Golden Age of Liberalism: From the Great Exhibition to the Great War. The Retreat from Liberalism: From the Great War to the Great Depression. Nationalization and Economic Planning: the War and the Postwar Labour Government. Demand Management: The Mixed Economy and the Long Postwar Boom. Corporatist Planning: 1962--1979. The Return to a Market Strategy: Thatcherism. After Thatcher: Economic Policy in the 1990s. Conclusion. References and Guide to Further Reading. 13. The Rise and Fall of the Welfare State?. Introduction. Before the Welfare State. The Development of the Welfare State. The Welfare State Under Attack. Thatcher, Major and the Marketization of Welfare. New Labour and Welfare Reform. Conclusion. References and Guide to Further Reading . 14. Maintaining Civil Society. Introduction. Is There a Dominant Ideology?. The Traditional Agencies of Socialization and Informal Social Control. a Moderna Agencies of Socialization and Social Control. The Dominant Ideology Thesis Revisited. Enforcing Order: Policing, Crime and the Authoritarian State. Conclusion. References and Guide to Further Reading. Part IV: Britain and the World. . 15. Globalization and the Autonomy of the British State. . Introduction. Globalization. A Global Economy?. The Decline of the Nation--State?. Can Nation States Still Make a Difference? The Sceptical Challenge. International Organizations. Conclusion. References and Guide to Further Reading. . 16. The European Union: A New Superstate?. Introduction. History. Institutions and the Policy--Making Process. Revenue and Expenditure. The Single Currency and the Question of National Sovereignty. Federalism, Sovereignty and the Democratic Deficit. Why Has Britain been such a a Bad Europeana ?. Conclusion. References and Guide to Further Reading . 17. Concluding Remarks . Introduction. How is State Power Formally Organized?. Who Runs or Influences the State?. What are the Outputs from the State and Who Benefits?. What are the External Constraints on the State?. Conclusion: Muddling Through? . Glossary. Acknowledgements. Index.

The Supreme Court of Canada: History of the Institution

Abstract: Unknown and uncelebrated by the public, overshadowed and frequently overruled by the Privy Council, the Supreme Court of Canada before 1949 occupied a rather humble place in Canadian jurisprudence as an intermediate court of appeal. Today its name more accurately reflects its function: it is the court of ultimate appeal and the arbiter of Canada's constitutional questions. Appointment to its bench is the highest achievement to which a member of the legal profession can aspire. This history traces the development of the Supreme Court of Canada from its establishment in the earliest days following Confederation, through its attainment of independence from the Judicial Committee of the Privy Council in 1949, to the adoption of the Constitution Act, 1982. The authors describe the politics of the judicial apopintments and document the internal struggles and tensions between the justices. Central to the story is the attitude of successive federal governments to the need for a strong and intellectually vibrant court. Not all prime ministers and ministers of justice took an interest in the Court, and some of their appointments were of less than outstanding quality. Only in recent times have appointments been of consistently high calibre. Until 1982 the Supreme Court of Canada played a minor role in the history of the Canadian political structure. The Charter of Rights and Freedoms has thrust new responsibilities on the Court, and as those responsibilities are increasingly exercised in the years ahead the Court will become a major participant in our national life. This book explores the foundations on which that participation will be built.

British government and the constitution: Text, cases, and materials

Abstract: Part I. The British Constitution: 1. The constitutional order 2. Law, convention and liberty Part II. The Government in Context: 3. The crown and the government 4. The structure of the United Kingdom 5. The European dimension 6. The powers of government Part III. The Responsibility of Government: 7. Parliament and government 8. Parties, groups and the people 9. Remedies against public authorities Part IV. Constitutional Innovation and Reform: 10. Constitutional renewal.

Administrators and Citizenship The Liberalist Legacy of the Constitution

Abstract: Current concern with founding the legitimacy of the administrative enterprise in a revitalized idea of the public interest leads us to a consideration of the meaning of citizenship in contemporary ...

The Impact of the German Federal Constitutional Court on Politics and Policy Output

Abstract: THE HISTORICAL EXPERIENCE OF THE SURRENDER OF LEGAL positivism to the prevalence of injustice under the nazi regime and the concern to create a real federation led the founding fathers of the Federal Republic of Germany to create the most powerful Constitutional Court in the world for the control of the formal and material constitutionality of laws. This Court, a supreme constitutional organ like the Bundestag and the Bundesrat, is organized in two chambers, called Senates. The First Senate has jurisdiction over basic rights, the Second Senate decides all questions of political disputes. Though the Court only acts on request, it does nevertheless play an active role in shaping politics and policy output. The jurisdiction of this Court is the ‘authentic interpretation of the Constitution’ and it cannot be qualified as normal jurisdiction, because many provisions of the Basic Law are open to different interpretations and call for a reference to sources and premises beyond the document itself.

Peace-Making and Party Politics: The Formation of the Domestic Foreign-Policy System in Postwar Japan

Abstract: It is often said that there have been two distinct camps on issues of foreign policy in postwar Japan. The ruling conservatives have consistently supported a policy of close alliance with the United States, accompanied by gradual remilitarization. The Japanese opposition, by contrast, has long been critical of both Japan's close and dependent relationship with the United States and the government's rearmament policy. As is well known, this disagreement has its roots in the period between 1945 and 1952, when Japan was occupied by the United States, representing the victorious Allied Powers of World War II. Japan adopted both its "peace constitution" and its rearmament policy during the Occupation, and the conflict and controversy this engendered have continued ever since. What is rarely appreciated, however, is the manner in which the conflicting foreign policies of the government and opposition actually complement one another. It is only when the two sides are seen together that we can really begin to appreciate the true nature of the domestic foreign-policy system of postwar Japan.

The Principle of Human Rights in Nationalist China: John C. H. Wu and the Ideological Origins of the 1946 Constitution

Abstract: The 1946 Constitution of the Republic of China was a product of 13 years' effort by the most liberal elements of the Kuomintang to create a permanent constitution for modern China. The Constitutionalists' goal was to synthesize “autochthonous” norms from the Chinese tradition and modern western liberal values, in accordance with the pre-existing syncretism that Sun Yat-sen had created a generation before. They hoped, thereby, to reach a just balance between the claims of the individual and the claims of the collective in the modern Chinese polity.

South africa in crisis: what route to democracy?

Abstract: A NEW CONSTITUTION; a state of emergency. Serious economic problems. Industrial and political struggles on an unprecedented scale despite deep economic recession and escalated police and military repression. Rolling near-insurrectionary uprisings in black townships, large and small, up and down the country. South Africa is in unparalleled turmoil. Even Gavin Relly, Chairman of Anglo American Corporation, warned President Botha recently that the current crisis was 'far more serious' than any previous crises and Chas a long-term thrust' (Financial Times, 12/8/85). Moreover, increasing numbers of commentators recognise that there is an unbridgeable gulf between what the rulers of society are prepared to concede (or offer as perspectives for resolving the crisis) and the minimum demands of the overwhelming majority of SA's people. The gulf emerges sharply on the question of one-person-one-vote in a unitary South Africa. Botha, in his much-heralded speech to the Natal NP Congress on August 15th once again ruled this out as non-negotiable. But this is the position not only of the government, but of all sections of big business. Gavin Relly (in his same speech) stated that 'If the black attitude was that there could be no discussion unless it was about one man one vote in a unitary state' then any negotiating forum 'would not go far'. Botha) Relly, and those who support them defend this position on the grounds that South Africa is a Cplural society' (racially, ethnically, culturally, etc), composed of a variety of 'constituencies'-even that it is a society with no real 'majority', but only a collection of 'minorities.1 Yet the weight that they give to repudiating universal suffrage in an undivided South Africa itself reflects the extent to which this is the central political