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McManus E: Liberty and Union

Liberty and Union

A Constitutional History of the United States, volume 1

Introduction 1. The English Connection 2. A Legacy Transported and Transformed 3. Independence and Nationhood 4. A More Perfect Union 5. Launching the New Government 6. Jeffersonian Republicanism 7. John Marshall and Judicial Nationalism 8. Majority Rule and Sectional Rights 9. More Power to the States 10. Slavery and the Constitution 11. The Crisis of the Union 12. Reconstructing the Nation

edition suhrkamp

Wie man Populisten besiegt

Gegen den liberalen Defätismus

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Code of Federal Regulations, Title 42 Public Health

Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 42 Public Health 430-481, Revised as of October 1, 2025

Across the Aisle

This balanced book illuminates Republican and Democratic responses and attitudes toward crime, police work, sentencing, incarceration, and rehabilitation in the USA. A broad array of law enforcement and criminal justice issues are examined, including mass incarceration, sentencing disparities, anti-drug efforts, marijuana legalization, death penalty, mandatory minimums, civil asset forfeiture, prison privatization, rape and other crimes in prison settings, women in prison, support for therapeutic/educational programs, sentencing for juvenile offenders, harsher penalties for hate crimes, and voting rights for ex-felons. The focus is on specific and timely topics in criminal justice that are most susceptible to legislative policies. Readers will benefit by developing an appreciation for how politics impacts the criminal justice system, and how the parties have developed laws that impact their lives, dictate acceptable behavior, and legislate appropriate responses for violators. The emphasis of the series is contemporary, but it includes historical perspective to provide a sense of how each party's positions and actions have evolved over time.

Democrats and Republicans

Today's Crime and Punishment Issues

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Code of Federal Regulations, Title 40 Protection of the Environment

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

Code of Federal Regulations, Title 40 Protection of the Environment 1060-END, Revised as of July 1, 2025

A riveting account of how the US criminal legal system punishes millions without conviction--asking us to rethink the freedoms we give up for the illusion of safety.Every encounter with the criminal legal system, from a traffic stop to a day in jail, carries a human cost. This cost rests on a fragile bargain at the heart of our democracy: we give the government power in exchange for protection. But how much of our liberty are we willing to surrender for the promise of safety? In Collateral Damage, attorneys Justin and Zach Brooks take readers on a devastating tour through the criminal legal system, exposing the real-life trade-offs of this false promise. Blending gripping personal stories with legal analysis, they trace the long arc of America's struggle between fear and freedom--from the Red Scare and Japanese American internment to the evolution of criminal procedure, civil forfeiture, and today's extrajudicial killings, offering pragmatic reforms along the way. The result is an eye-opening portrait of a system that punishes millions without ever sending them to prison and a powerful warning to rethink whether the balance we've struck truly reflects the values we claim to hold.

Sacrificing Liberty for Safety in Our Criminal Legal System

Collateral Damage

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Code of Federal Regulations, Title 50 Wildlife and Fisheries

Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 50 Wildlife and Fisheries 660-End, Revised as of October 1, 2025

Code of Federal Regulations, Title 43 Public Lands: Interior

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 43 presents regulations relating to public lands (Bureau of Reclamation), land resource management, minerals management, range management, forest management, recreation programs, technical service (Bureau of Land Management), and administration of special programs (Office of the Secretary of the Interior).

Interior 1000-End

Code of Federal Regulations, Title 43 Public Lands

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing.

Code of Federal Regulations, Title 50 Wildlife and Fisheries 18-199, Revised as of October 1, 2025

Liberty and Union

Autres titres sur ce thème