Freedom and the Rule of Law
Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. Although this is a theme that has been a perennial one since America's founding, it is also one of particular importance today, and this book explains how history makes this apparent. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all, and whose purpose is to protect those natural rights in addition to the general welfare. The rule of law was essential to achieving both of these ends and to reconciling them where necessary. But just how free is America today? It was certainly within the contemplation of the Founders that the federal judiciary would have a significant role in interpreting the Constitution, federal laws, and treaties, but it would be difficult to argue that those who framed and ratified the Constitution contemplated a role for the courts, particularly for the United States Supreme Court, of the magnitude they have today. The writers take the reader far back into history to the very roots of American Law by examining the English common law roots that provided the foundation for the rule of law in America. This book explores these phenomena and other recent developments in American freedom through history.
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The Rule of Law: Perspectives on Legal and Judicial Reform in West Virginia
Russell S. Sobel
Không có xem trước - 2009
Deconstructing the Republic: Voting Rights, the Supreme Court, and the ...
Anthony Arthur Peacock
Xem một số câu liên quan - 2008
I THE ORIGINS OF THE RULE OF LAW ADMINISTRATION AND THE ANTICIPATED GROWTH OF THE AMERICAN STATE
II CONSTITUTIONAL INTERPRETATION AND THE RULE OF LAW
III WAR NATIONAL SECURITY AND THE RULE OF LAW
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Active Liberty administration adopted American antebellum Anti-Federalist Antonin Scalia argued argument Article authority Balkin Bill of Rights Boumediene Breyer Brutus Brutus’s cited citizens claim Clause common law Congress congressional Constitution constitutionalism Convention counties debate decided decisions declared delegated Democracy in America democratic Dewey dissenting distorted districts Documentary History early republic election enemy combatants executive federal courts Federalist Federalist Papers foreign freedom geographic gerrymandering Goodnow habeas Hamdi Hamilton human rights individual rights interpretation issues James judges judicial activism judiciary juries jurisdiction jurisprudence Justice Scalia Law Review legislative legislature liberal liberty Madison ment military militia national security natural right opinion original meaning original-meaning originalist political pragmatism president presidential principles protection questions racial Ratification regulation representation rule of law Second Amendment social social Darwinism statute Supp Supreme Court t]he tion Tocqueville traditional districting treaty U.S. Constitution United University Press voting York