Immaculata La Salle HS Dual Enrollment Resources : CJL2062

This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Analyzing Florida's Constitution covers all of the Florida constitutional law topics necessary for passing the Florida Bar Exam and practicing law in Florida. It takes a comparative law approach to the study of Florida constitutional law by comparing it to federal constitutional law. Although focused primarily on the theory of state constitutional law, the book discusses the practice of state constitutional law, so that the student can not only identify constitutional law violations but also know how to seek relief from those violations. The book begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how Florida's constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution and outlines the canons of construction for Florida's constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights using examples from Florida's constitution. The book identifies Florida constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights and introduces rights enumerated in the text of the Florida constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. The familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power is explored. State constitutional criminal procedure is examined by looking at the ancient origin of the jury as well as the recent origin of Florida criminal procedure. Also examined are Florida local government and municipal law, separation of powers, Florida's state court system, extraordinary writs, powers of Florida's executive branch, Florida administrative law, Florida's "Sunshine Laws" creating a right of access to public records and meetings, lawmaking and its limits, and homestead. There is a set of 663 PowerPoint slides available upon adoption. If you are a professor using this book for a class, please contact Rachael Meier at remeier@cap-press to request your slides.

This book is a public collection of the three original documents in the founding of the United States of America and include, the Declaration of Independence, The Constitutions, and the Bill of Rights. Combined these documents are excellent primary historical sources for the American Revolution and the formation of the new republican state. The Constitution of the United States of America is the ultimate law of the country. The document embodies the doctrine of the separations of the executive powers of the federal government. The Declaration of Independence outlines the grievances of the Thirteen Colonies and explains why they are at war with the Kingdom of Great Britain. It was signed by representatives of all original Thirteen Colonies. The Bill of Rights records the first ten amendments or additions to the United States Constitution, written after the successful American Revolution, and the creation of the republican government. The Bill of Rights added specific guarantees of political rights and personal freedoms to the original Constitution.The newly founded American government borrowed heavily from English political traditions of public representation and individual liberty inherited from the Manga Carta and more recently inspired by English enlightenment philosophers like John Locke.