Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and ...seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an ""etcetera clause."" It states that there are other rights beyond those specifically listed: ""The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."" Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or ""Baby Ninth Amendments,"" worded similarly to the Ninth Amendment. This book is the story of how the ""Baby Ninths"" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an ""etcetera, etcetera"" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights ""retained by the people"" that these ""etcetera clauses"" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.
European Constitutionalism redraws the perimeters in the debate on the nature of the European constitution. Offering a fresh approach to both doctrinal and theoretical issues, this book discusses ...general characteristics of the European constitution under the headings of relationality, perspectivism and discursiveness, and contains forays to sectoral constitutionalization in the micro- and macroeconomic, social and security dimensions. European constitutionalism must be examined in its interaction with Member State constitutionalism, which plays an essential role in channelling democratic legitimacy to the EU. Written by a leading expert in the field, this book will be of great interest to students and scholars alike.
There is much confusion over the 'Constitution', and this book provides an in-depth legal analysis of the institutional aspects of the Constitutional Treaty which, if ratified by the 25 EU Member ...States, would govern the European Union. Piris argues that, despite its ratification being rejected by the French and the Netherlands referenda in 2005, the Treaty should not be discarded, as it will inevitably be the point of departure for the future of European integration. He places this analysis in an historical and political context and explains the origin, meanings and legal and political effects of all proposed changes to the present treaties.
Review of the book No razza, sì cittadinanza, which analyses the appropriateness of maintaining the word razza (“race”) within the Italian Constitution (Article 3), following the definitive ...falsification by genetics of the presumed existence of different races within the human species.
The Civil War placed the U.S. Constitution under unprecedented--and, to this day, still unmatched--strain. In Lincoln and the Triumph of the Nation, Pulitzer Prize-winning historian Mark Neely ...examines for the first time in one book the U.S. Constitution and its often overlooked cousin, the Confederate Constitution, and the ways the documents shaped the struggle for national survival. Previous scholars have examined wartime challenges to civil liberties and questions of presidential power, but Neely argues that the constitutional conflict extended to the largest questions of national existence. Drawing on judicial opinions, presidential state papers, and political pamphlets spiced with the everyday immediacy of the partisan press, Neely reveals how judges, lawyers, editors, politicians, and government officials, both North and South, used their constitutions to fight the war and save, or create, their nation. Lincoln and the Triumph of the Nation illuminates how the U.S. Constitution not only survived its greatest test but emerged stronger after the war. That this happened at a time when the nation's very existence was threatened, Neely argues, speaks ultimately to the wisdom of the Union leadership, notably President Lincoln and his vision of the American nation.
Droit national MARTIN, Gilles
Revue juridique de l'environnement,
01/2017, Letnik:
42, Številka:
2
Journal Article
Recenzirano
Droit pénal Poursuite en diffamation d’un enseignant chercheur en droit et de l’éditeur d’une revue juridique pour avoir publié le commentaire d’un jugement condamnant plusieurs sociétés du même ...groupe et certains dirigeants pour « trafic de déchets dangereux ». Caractère abusif de la constitution de parties civile.
Why did enduring traditions of economic and political liberty emerge in Western Europe and not elsewhere? Representative democracy, constitutionalism, and the rule of law are crucial for establishing ...a just and prosperous society, which we usually treat as the fruits of the Renaissance and Enlightenment, as Western European societies put the Dark Ages behind them. In The Medieval Constitution of Liberty, Salter and Young point instead to the constitutional order that characterized the High Middle Ages. They provide a historical account of how this constitutional order evolved following the fall of the Western Roman Empire. This account runs from the settlements of militarized Germanic elites within the imperial frontiers, to the host of successor kingdoms in the sixth and seventh centuries, and through the short-lived Carolingian empire of the late eighth and ninth centuries and the so-called “feudal anarchy” that followed its demise. Given this unique historical backdrop, Salter and Young consider the resulting structures of political property rights. They argue that the historical reality approximated a constitutional ideal type, which they term polycentric sovereignty. Salter and Young provide a theoretical analysis of polycentric sovereignty, arguing that bargains between political property rights holders within that sort of constitutional order will lead to improvements in governance.
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India's greater population. Drawing upon the previously ...unexplored records of the Supreme Court of India,A People's Constitutionupends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes-all despised minorities-shaped the constitutional culture.
The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. De examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution.
Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world,A People's Constitutionconsiders the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
The Cover Feature highlights the Latin American culture with an emblem that is the accordion and how the versatility of the amino group resembles the musical notes that appropriately combined exhibit ...multiple dynamics in the hydrazones. Each highlighted hydrazone‐based system represents one type of dynamism: conformational (orange), configurational (blue), and constitutional (green). The harmonic box contains the words “amino group” to remark the particularly important role of the N–H group in each of those processes observed in hydrazone‐based molecular and supramolecular systems. The authors thank Alejandro Ijaji for the extraordinary design of the cover, following the concept given by the authors. More information can be found in the Review by M. N. Chaur et al.
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