Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the origin...

The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics.For more than fifty years, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the US Constitution has introduced generations of students to the workings of our nation's highest court.As in prior editions, McCloskey's original text remains unchanged. In his historical interpretation, he argues that the streng...

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization, and positivization of the medieval idea of fundamenta...

Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return...

The role that precedent plays in constitutional decision making is a perennially divisive subject among scholars of law and American politics. The debate rages over both empirical and normative aspects of the issue: To what extent are the Supreme Court, Congress, and the executive branch constrained by precedent? To what extent should they be? Taking up a topic long overdue for comprehensive treatment, Michael Gerhardt connects the vast social science data and legal scholarship to provide ...

This book traces the influence of philosophical ideas on the development of contract law from the post-Roman period through to the nineteenth century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Thomas Aquinas. Although primarily a study of the late scholastics this is a book about the history of ideas, and as such will be of great interest to legal historians and legal philosophers.

Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? Ho...

Few episodes in the modern civil rights movement were more galvanizing or more memorialized than the brutal murders of Michael Schwerner, Andrew Goodman, and James Chaney—idealists eager to protect and promote the rights of black Americans, even in the deep and very dangerous South. In films like Mississippi Burning and popular folk songs, these young men have been venerated as martyrs. Even so, the landmark legal dimensions of their murder case have until now remained largely los...

Are corporations citizens? Is political inequality a necessary aspect of a democracy or something that must be stamped out? These are the questions that have been at the heart of the debate surrounding campaign finance reform for nearly half a century. But as Robert E. Mutch demonstrates in this fascinating book, these were not always controversial matters. The tenets that corporations do not count as citizens, and that self-government functions best by reducing political inequality, were ...

8 February 2015 marked the 200th anniversary of the birth of Thomas Erskine May. May is the most famous of the fifty holders of the office of Clerk of the House of Commons. His continued renown arises from his Treatise upon the Law, Privileges, Proceedings and Usage of Parliament, first published in 1844 and with its 25th edition currently in preparation. It is known throughout those parts of the world that model their constitutional arrangements on Westminster as the 'Bible of Parliamenta...

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution,? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United St...