Constitutional Rights -What They Are and What They Ought to Be

ISBN-13: 9783319315256 / Angielski / Twarda / 2016 / 197 str.

Carl Wellman

Opis

This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.

Spis treści

Preface 

1. Constitutional Law

1.1 National Law

1.2 Social Practice Rules

1.3 Legal Institutions

1.4 National Constitutions

1.5 Constitutional Law

2. Constitutional Rights

2.1 Rights

2.2 Constitutional Rights

2.3 Why Both?

3. Constitutional Institutions

3.1 Federalism

3.2 The Separation of Powers

3.3 A Presidential System

3.4 A Bicameral Legislature

3.5 Exclusion

3.6 Cloture

3.7 Criminal Legislation

3.8 Judicial Review

3.9 Conclusions

4. Public Officials

4.1 The Presidential War Powers

4.2 The Removal of Administrative Officials

4.3 The Line-Item Veto

4.4 The Speech or Debate Immunity

4.5 Life Tenure

4.6 Moral Foundations

5. Private Persons

5.1Life

5.2 The Vote

5.3 Public Education

5.4 Habeas Corpus

5.5 Same-Sex Marriage

5.6 Equal Opportunity

5.7 Freedom of Speech

5.8 Firearms

5.9 The Death Penalty

5.10 Overview

6. Associations

6.1 Indian Tribes

6.2 Political Parties

6.3 Labor Unions

6.4 Business Corporations

6.5 Private Clubs

6.6 Universities

6.7 The Press

6.8 Overview

Postscript