Pub Date : 1900-01-01DOI: 10.5040/9781509920563.ch-007
A. Scalia, Anthony Kennedy, Reagan Clarence Thomas, Ghw Bush, Ruth Bader, Stephen Breyer, Clinton Samuel Alito, GW Bush, Sonia Sotomayor, George W. Bush
{"title":"The Judicial Branch","authors":"A. Scalia, Anthony Kennedy, Reagan Clarence Thomas, Ghw Bush, Ruth Bader, Stephen Breyer, Clinton Samuel Alito, GW Bush, Sonia Sotomayor, George W. Bush","doi":"10.5040/9781509920563.ch-007","DOIUrl":"https://doi.org/10.5040/9781509920563.ch-007","url":null,"abstract":"","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124875576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4135/9781446214817.n25
Graham Sansom
This December 2022 issue of the journal exemplifies our founding goal of facilitating a conversation between researchers and practitioners that will inform the work of the Commonwealth Local Government Forum, as well as policy-making by governments across the Commonwealth and elsewhere. It includes six research papers, six country perspectives on one of those papers, two other commentaries and a policy and practice note. All offer important insights into two central issues concerning the future of local governance: the quality of local democracy and the place of local government in broader national and federal systems
{"title":"Local Governance","authors":"Graham Sansom","doi":"10.4135/9781446214817.n25","DOIUrl":"https://doi.org/10.4135/9781446214817.n25","url":null,"abstract":"This December 2022 issue of the journal exemplifies our founding goal of facilitating a conversation between researchers and practitioners that will inform the work of the Commonwealth Local Government Forum, as well as policy-making by governments across the Commonwealth and elsewhere. It includes six research papers, six country perspectives on one of those papers, two other commentaries and a policy and practice note. All offer important insights into two central issues concerning the future of local governance: the quality of local democracy and the place of local government in broader national and federal systems","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122943387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509920563.ch-001
{"title":"The Rise of Czech Constitutionalism: History and Context","authors":"","doi":"10.5040/9781509920563.ch-001","DOIUrl":"https://doi.org/10.5040/9781509920563.ch-001","url":null,"abstract":"","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117151857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509920563.ch-008
{"title":"Human Rights Constitutionalism","authors":"","doi":"10.5040/9781509920563.ch-008","DOIUrl":"https://doi.org/10.5040/9781509920563.ch-008","url":null,"abstract":"","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130546098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509920563.0008
{"title":"Conclusion: Dynamics of Constitutional Change and the Search for Constitutional Identity","authors":"","doi":"10.5040/9781509920563.0008","DOIUrl":"https://doi.org/10.5040/9781509920563.0008","url":null,"abstract":"","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124166322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509920563.ch-005
{"title":"The Growing Tension within the Double-Headed Executive","authors":"","doi":"10.5040/9781509920563.ch-005","DOIUrl":"https://doi.org/10.5040/9781509920563.ch-005","url":null,"abstract":"","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128988265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509920563.ch-003
David Lyons
Principles that are not given by the constitutional text are sometimes attributed to the Constitution. This is done within Professor Balkin’s “framework originalism.”1 The question I wish to consider is how it may properly be done. How can it be shown that the Constitution is committed tacitly to a given principle? I shall discuss Balkin’s theory with that question in mind. Balkin presents framework originalism as a mean between mistaken extremes – between “conservative originalism,” which holds that constitutional meaning is completely settled, and “living constitutionalism,” which regards constitutional meaning as forever unsettled. Framework originalism holds, first, that the Constitution’s text should be understood in terms of its “semantic content.”2 I understand this to be the view that the meaning of the text is determined by the linguistic conventions that existed when the Constitution or an amendment was ratified. That would, at any rate, be the commonsensical, default position, which requires no justification. Any other approach to text meaning would require substantial justification. That, I take it, is the originalist aspect of Balkin’s theory. Framework originalism holds, second, that the Constitution provides a “plan” for developing a system of governance. This, too, is the default position. The Constitution provides for a Congress, a President, and a Supreme Court, whose respective authorities it outlines. But the Constitution does not generally tell Congress what laws to enact, how the President should enforce the law, or how the Supreme Court should adjudicate. So the Constitution leaves much to be done by those who are authorized under it to make and apply laws. That, I take it, is the framework aspect of Balkin’s theory. Framework originalism holds, third, that as the Constitution’s plan is mainly given in general terms, it frequently requires interpretation. Interpretations are provisional and might reasonably be changed. Changing circumstances may generate reasons for questioning a prevailing interpretation, and amendments call for a revised interpretation of the modified document. As framework originalism accepts facts like these, it is presented by Balkin as a kind of living originalism. That, too, seems right.
{"title":"Constitutional Principles","authors":"David Lyons","doi":"10.5040/9781509920563.ch-003","DOIUrl":"https://doi.org/10.5040/9781509920563.ch-003","url":null,"abstract":"Principles that are not given by the constitutional text are sometimes attributed to the Constitution. This is done within Professor Balkin’s “framework originalism.”1 The question I wish to consider is how it may properly be done. How can it be shown that the Constitution is committed tacitly to a given principle? I shall discuss Balkin’s theory with that question in mind. Balkin presents framework originalism as a mean between mistaken extremes – between “conservative originalism,” which holds that constitutional meaning is completely settled, and “living constitutionalism,” which regards constitutional meaning as forever unsettled. Framework originalism holds, first, that the Constitution’s text should be understood in terms of its “semantic content.”2 I understand this to be the view that the meaning of the text is determined by the linguistic conventions that existed when the Constitution or an amendment was ratified. That would, at any rate, be the commonsensical, default position, which requires no justification. Any other approach to text meaning would require substantial justification. That, I take it, is the originalist aspect of Balkin’s theory. Framework originalism holds, second, that the Constitution provides a “plan” for developing a system of governance. This, too, is the default position. The Constitution provides for a Congress, a President, and a Supreme Court, whose respective authorities it outlines. But the Constitution does not generally tell Congress what laws to enact, how the President should enforce the law, or how the Supreme Court should adjudicate. So the Constitution leaves much to be done by those who are authorized under it to make and apply laws. That, I take it, is the framework aspect of Balkin’s theory. Framework originalism holds, third, that as the Constitution’s plan is mainly given in general terms, it frequently requires interpretation. Interpretations are provisional and might reasonably be changed. Changing circumstances may generate reasons for questioning a prevailing interpretation, and amendments call for a revised interpretation of the modified document. As framework originalism accepts facts like these, it is presented by Balkin as a kind of living originalism. That, too, seems right.","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130676706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509920563.ch-002
{"title":"The Challenge of a Pluralist Constitution","authors":"","doi":"10.5040/9781509920563.ch-002","DOIUrl":"https://doi.org/10.5040/9781509920563.ch-002","url":null,"abstract":"","PeriodicalId":273198,"journal":{"name":"The Constitution of Czechia","volume":"44 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120924274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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