By Richard A. Epstein
Epstein has now produced a full-scale and full-throated protection of his strange imaginative and prescient of the structure. This ebook is his magnum opus a lot of his ebook contains finished and awfully particular bills of ways constitutional provisions should be understood All of Epstein s specific discussions are instructive, and such a lot of them are provocative Epstein has written a passionate, discovered, and devoted book.--Cass R. Sunstein"New Republic" (05/18/2014)"
Richard A. Epstein is Laurence A. Tisch Professor of legislations at long island college institution of legislation, Peter and Kirsten Bedford Senior Fellow on the Hoover establishment, and James Parker corridor distinctive provider Professor Emeritus of legislations and Senior Lecturer on the college of Chicago legislations college.
Read or Download The Classical Liberal Constitution: The Uncertain Quest for Limited Government PDF
Similar constitutional law books
The Migration of Constitutional Ideas
The migration of constitutional principles throughout jurisdictions is among the significant gains of up to date constitutional perform. The expanding use of comparative jurisprudence in reading constitutions is one instance of this. during this 2007 booklet, best figures within the examine of comparative constitutionalism and comparative constitutional politics from North the USA, Europe and Australia speak about the dynamic techniques wherein constitutional structures impact one another.
Economics, Law and Individual Rights
This is often the 1st publication to check person rights from an financial standpoint, accumulating jointly major articles during this rising niche and exhibiting the colourful and increasing scholarship that relates them. parts coated comprise - the results of constitutional protections of person rights and freedoms, together with freedom of speech and of the click, - definitely the right to undergo palms, - the proper opposed to unreasonable searches, - the fitting opposed to self-incrimination, - the suitable to trial through jury, - definitely the right opposed to merciless and weird punishment, together with capital punishment.
Understanding the European Constitution: An Introduction to the EU Constitutional Treaty
The ecu Union is now coming into a very important section because the ratification strategy speeds up and key debates and referenda occur in present and very likely new member states. The Union’s Constitutional treaty is frequently forged as both a blueprint for a centralized and protectionist super-state or because the triumph of Anglo-Saxon economics.
Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
Curiosity in constitutionalism and within the courting between constitutions, nationwide identification, and ethnic, spiritual, and cultural range has soared because the cave in of socialist regimes in jap Europe and the previous Soviet Union. seeing that global battle II there has additionally been a proliferation of recent constitutions that fluctuate in different crucial respects from the yank structure.
- Economic Rights: Conceptual, Measurement, and Policy Issues
- Constitutional and Administrative Lawcards 2012-2013
- Capital Punishment: A Reference Handbook (Contemporary World Issues)
- Rousseau, Law and the Sovereignty of the People
- Constitutional Torts and the War on Terror
- Pediatric Psychooncology: Psychological Perspectives on Children with Cancer
Extra info for The Classical Liberal Constitution: The Uncertain Quest for Limited Government
Example text
51: “In the extended republic of the United States, and among the great variety of interests, parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good. . ”13 This passage suggests that national governments with built-in checks and balances are more impervious to factions for two reasons. First, a national government attracts a higher caliber of men to run for public office, who in turn would be willing to resist factional temptation.
Second, the cost of organizing factions at a distance is higher than it is at the state level. But Madison was unduly optimistic on both counts, as he himself subsequently recognized. No political body is immune to the risk of political intrigue. The relative performance at different government levels depends on such evanescent factors as the mix of people and issues at any given time. Thus, once power migrates to the national government, the political hacks will follow the scent to its new abode, urged on by local electors who want their representatives in Congress to look after the interests of the home state.
Madison’s own proposal, as outlined in Federalist No. 10, was woefully inadequate. , the national government—provided adequate protection against the operation of factions. Either he or Alexander Hamilton put the point baldly in Federalist No. 51: “In the extended republic of the United States, and among the great variety of interests, parties, and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good.