圖書標籤: Law
发表于2024-10-01
Active Liberty pdf epub mobi txt 電子書 下載 2024
This book, based on the Tanner lectures on Human Values that Justice Stephen Breyer delivered at Harvard University in November 2004, defines the term “active liberty” as a sharing of the nation’s sovereign authority with its citizens. Regarding the Constitution as a guide for the application of basic American principles to a living and changing society rather than as an arsenal of rigid legal means for binding and restricting it, Justice Breyer argues that the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems.
Giving us examples of this approach in the areas of free speech, federalism, privacy, affirmative action, statutory interpretation, and administrative law, Justice Breyer states that courts should take greater account of the Constitution’s democratic nature when they interpret constitutional and statutory texts. He also insists that the people, through participation in community life, can and must develop the experience necessary to govern their own affairs. His distinctive contribution to the federalism debate is his claim that deference to congressional power can actually promote democratic participation rather than thwart it. He argues convincingly that although Congress is not perfect, it has done a better job than either the executive or judicial branches at balancing the conflicting views of citizens across the nation, especially during times of national crisis. With a fine appreciation for complexity, Breyer reminds all Americans that Congress, rather than the courts, is the place to resolve policy disputes.
Active Liberty is a declaration of the first importance, made by a judge often regarded as one of the court’s most brilliant members.
Stephen G. B reyer is an associate justice of the united states s upreme court, where he has served since 1994. He was educa ted at stanford university, was a marshall scholar at magdalen college, oxford, and re -ceived his LL.B. from Harvard Law school. He was a clerk for s upreme court Justice arthur J. Goldberg of the u.s. supreme court from 1964 to 1965. He has been a professor of law at Harvard and a professor at the Kennedy school of Government. He has also been a visiting professor at the college of Law, sydney, australia, and at the university of rome. He is a fellow of the american academy of arts and sciences, and a member of the american Law Institute and the american Bar association. Prior to his appointment to the supreme court he served as judge and later as chief judge of the u.s. court of appeals for the First circuit. His pub -lished works include The Federal Power commission and the regulation of Energy (with Paul mac avoy, 1974); regulation and Its reform (1982); and Breaking the vicious circle: toward Effective risk regulation (1993).
布雷耶大法官提倡用注重立法目的和法律後果的方式來解釋法律,以此保障公民的個人權利。一個啓示:維持香港的繁榮與穩定可否是基本法的目的,是否能夠成為考量雙非孕婦産子等關於一係列關於居港權案件的齣發點?以此為前提,綜閤考慮相關的法律規定和政策,將核心價值具體化,而不是僅僅糾纏於基本法的文字錶述,法院仍舊能以法治的名義保持自身獨立性,同時還可避免內地和香港不同法係之間的摩擦。這或許是一個值得努力的方嚮。
評分一篇強調根據立法本意而非字詞解讀來判決的重要性的essay,結構清晰,易懂,舉例非常經典。 關於隱私,關於聯邦製,關於言論自由與第一修正案,關於行政法 積極自由?後記link. warren court …真的有一個人叫learned hand why delegated democracy don't work?(like Athens?) Because they create conflicting policies that reflects shifting public opinion. CASE:Pennsylvania 選舉人團 普萊西案
評分一篇強調根據立法本意而非字詞解讀來判決的重要性的essay,結構清晰,易懂,舉例非常經典。 關於隱私,關於聯邦製,關於言論自由與第一修正案,關於行政法 積極自由?後記link. warren court …真的有一個人叫learned hand why delegated democracy don't work?(like Athens?) Because they create conflicting policies that reflects shifting public opinion. CASE:Pennsylvania 選舉人團 普萊西案
評分一篇強調根據立法本意而非字詞解讀來判決的重要性的essay,結構清晰,易懂,舉例非常經典。 關於隱私,關於聯邦製,關於言論自由與第一修正案,關於行政法 積極自由?後記link. warren court …真的有一個人叫learned hand why delegated democracy don't work?(like Athens?) Because they create conflicting policies that reflects shifting public opinion. CASE:Pennsylvania 選舉人團 普萊西案
評分一篇強調根據立法本意而非字詞解讀來判決的重要性的essay,結構清晰,易懂,舉例非常經典。 關於隱私,關於聯邦製,關於言論自由與第一修正案,關於行政法 積極自由?後記link. warren court …真的有一個人叫learned hand why delegated democracy don't work?(like Athens?) Because they create conflicting policies that reflects shifting public opinion. CASE:Pennsylvania 選舉人團 普萊西案
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Active Liberty pdf epub mobi txt 電子書 下載 2024