Author | : Mahabir Prashad Jain |
Publisher | : |
Total Pages | : 813 |
Release | : 2014 |
Genre | : Constitutional history |
ISBN | : 9789351431077 |
Author | : Mahabir Prashad Jain |
Publisher | : |
Total Pages | : 813 |
Release | : 2014 |
Genre | : Constitutional history |
ISBN | : 9789351431077 |
Author | : Mahendra Pal Singh |
Publisher | : Universal Law Publishing |
Total Pages | : 244 |
Release | : 2006 |
Genre | : Constitutional history |
ISBN | : 9788175345584 |
Author | : Rama Jois |
Publisher | : Universal Law Publishing |
Total Pages | : 752 |
Release | : 2004-04 |
Genre | : Constitutional history |
ISBN | : 9788175342064 |
Author | : Visheshwar Dayal Kulshreshtha |
Publisher | : |
Total Pages | : 304 |
Release | : 1960 |
Genre | : Law |
ISBN | : |
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author | : V. D. Kulshreshtha |
Publisher | : |
Total Pages | : |
Release | : 1992 |
Genre | : |
ISBN | : 9780897717717 |
Author | : Robert J. Miller |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 241 |
Release | : 2006-09-30 |
Genre | : Social Science |
ISBN | : 0313071845 |
Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
Author | : D D Kosambi |
Publisher | : Taylor & Francis |
Total Pages | : 251 |
Release | : 2022-09-01 |
Genre | : History |
ISBN | : 1000653471 |
First published in 1965, The Culture and Civilisation of Ancient India in Historical Outline is a strikingly original work, the first real cultural history of India. The main features of the Indian character are traced back into remote antiquity as the natural outgrowth of historical process. Did the change from food gathering and the pastoral life to agriculture make new religions necessary? Why did the Indian cities vanish with hardly a trace and leave no memory? Who were the Aryans – if any? Why should Buddhism, Jainism, and so many other sects of the same type come into being at one time and in the same region? How could Buddhism spread over so large a part of Asia while dying out completely in the land of its origin? What caused the rise and collapse of the Magadhan empire; was the Gupta empire fundamentally different from its great predecessor, or just one more ‘oriental despotism’? These are some of the many questions handled with great insight, yet in the simplest terms, in this stimulating work. This book will be of interest to students of history, sociology, archaeology, anthropology, cultural studies, South Asian studies and ethnic studies.
Author | : William Arthur Jobson Archbold |
Publisher | : London : P.S. King & Son Limited |
Total Pages | : 376 |
Release | : 1926 |
Genre | : Constitutional history |
ISBN | : |