Constitution

About: Constitution is a research topic. Over the lifetime, 37828 publications have been published within this topic receiving 435603 citations.

Active Liberty: Interpreting Our Democratic Constitution

Abstract: 1. Active Liberty 2. Freedom of Speech 3. Federalism 4. The Right of Privacy 5. Affirmative Action 6. Statutory Interpretation 7. Administrative Law 8. Purposive Interpretation 9. A Broader Application

The Bill of Rights as a Constitution

Abstract: To many Americans, the Bill of Rights stands as the centerpiece of our constitutional order-and yet constitutional scholars lack an adequate account of it. Instead of being studied holistically, the Bill has been chopped up into discrete chunks of text, with each bit examined in isolation. In a typical law school curriculum, for example, the First, Ninth, and Tenth Amendments are integrated into an introductory survey course on \"Constitutional Law\"; the Sixth, Eighth, and much of the Fifth are taught in \"Criminal Procedure\"; the Seventh is covered in \"Civil Procedure\"; the takings clause is featured in \"Property\"; the Fourth becomes a course unto itself, or is perhaps folded into \"Criminal Procedure\" or \"Evidence\" (because of the judicially-created exclusionary rule); and the Second and Third are ignored.' When we turn from law school classrooms to legal scholarship, a similar pattern emerges. Each clause is typically considered separately, and some amendments-again, the Second and Third-are generally ignored by main-

The law as a system of signs

Abstract: I Introduction to Legal Semiotics.- 1 Legal Semiotics: The Peircean Frame.- 2 Staking the Claim/Walking the Field.- 3 Perspectives on the Legal System.- 4 A Comparatist View.- 5 Global Developments.- II The Open Hand.- 6 The Art of Conversation.- 7 Riddles, Legal Decisions, and Peirce's "Existential Graphs".- 8 Speech Acts: Decisions.- 9 Pure Play: Rules of Law and Rules of Conduct.- 10 Limits of Authority in Law.- III Quid Pro Quo.- 11 Contracts and Equivalences.- 12 The Mapping of Morals onto Law: Problems of Rights, Ethics, and Values.- 13 Economic Justice: The "Takings Clause" and Legal Interpretation.- 14 Economic Links with Law: The Market as Sign of a Free Society.- 15 Signs of the Naked and the Dressed: Contract and Cause in Law.- IV Interpretation and Value.- 16 Origins and Development: Hermeneutics of Law and Politics.- 17 American Realism.- 18 The Constitution as Interpretant Sign.- 19 Property I.- 20 Property II.- V Inquiry as Method of Freedom.- 21. Inquiry and Discovery Procedures.- 22 Conflict of Laws: A Complex Indexical Sign.- 23 The Means-End Process of Freedom in Law.- References.

Ethnicity and constitutionalism in contemporary Ethiopia

Abstract: According to the policy of the government of the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF), ethnic identity is the ideological basis of Ethiopia's political organization and administration and as such has been enshrined in the Federal Constitution of December 1994 Yet the Constitution's explicit reinstatement of ethnicity in law coincides with a politico-economic situation which has made ethnoregional groups more interdependent than ever before, and where the central State has come to play an essential role as a resource and a mechanism of redistribution The author looks at the way in which ethnicity is translated in the clauses on nationality rights, noting the originality of the Constitution, on the one hand, and the difficulties and ambiguities surrounding the structures of implementation of the ethnicization formula, on the other The impression arises that "self-determination" has been granted for rhetorical and ideological purposes, and that the central federal government has no intention of relinquishing real power There is, furthermore, no possibility of judicial review by the courts of State executive and legislative powers Nor has the Constitution solved the problem of reconciling the various generations of rights Moreover, the failure to define or design the Ethiopian polity as an arena of compromise or issue politics creates problems for the realization of a country-wide democratic polity Notes, ref, sum (p i)

Time of Transitions

Abstract: Author's Foreword. Part I From Bonn to Berlin. 1 There are Alternatives!. Part II Interventions. 2 From Power Politics to Cosmopolitan Society. 3 A Sort of Logo of the Free West. 4 The Finger of Blame: The Germans and Their Memorial. Part III Public Reeprsentation and Cultural Memory. 5 Symbolic Expression and Ritual Behavior: Ernst Cassirer and Arnold Gehlen Revisited. Part IV Europe in Transition. 6 Euroskepticism, Market Europe, or a Europe of (World) Citizens?. 7 Does Europe need a Constitution?. Part V A Question of Political Theory. 8 Constitutional Democracy - A Paradoxical Union of Contradictory Principles?. Part VI American Pragmatism and German Philosophy: Three Reviews. 9 John Dewey, The Quest for Certainty. 10 Richard Rorty, Achieving our Country. 11 Robert Brandom, Making it Explicit. Part VII Jerusalem, Athens, and Rome. 12 A Conversation about God and The World. Notes. Index.