Constructing Basic Liberties

Constructing Basic Liberties
Author: James E. Fleming
Publisher: University of Chicago Press
Total Pages: 285
Release: 2022-08-30
Genre: Law
ISBN: 0226821412

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A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

The Arc of Due Process in American Constitutional Law

The Arc of Due Process in American Constitutional Law
Author: E. Thomas Sullivan
Publisher: Oxford University Press
Total Pages: 264
Release: 2013-07-04
Genre: Law
ISBN: 0199990808

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In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.

Due Process of Law

Due Process of Law
Author: Rodney Loomer Mott
Publisher:
Total Pages: 798
Release: 1926
Genre: Constitutional law
ISBN:

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The Due Process of Law

The Due Process of Law
Author: Alfred Thompson Denning Baron Denning
Publisher: Butterworth-Heinemann
Total Pages: 263
Release: 1980-01-01
Genre: Due process of law
ISBN: 9780406176073

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Two central themes run through this book. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife.

Due Process as a Limit to Discretion in International Commercial Arbitration

Due Process as a Limit to Discretion in International Commercial Arbitration
Author: Franco Ferrari
Publisher: Kluwer Law International B.V.
Total Pages: 471
Release: 2020-09-25
Genre: Law
ISBN: 9403519754

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The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

Due Process

Due Process
Author: Matt Bougie
Publisher: Cavendish Square Publishing, LLC
Total Pages: 34
Release: 2017-12-15
Genre: Juvenile Nonfiction
ISBN: 1502631849

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In society, there are ways to ensure people are protected under the law. This is through a method called due process. Readers will learn how due process functions in the government today, how the Constitution strives to protect this process and protect people from unfair laws, and how the process can be applied to everyday situations.

The Arc of Due Process in American Constitutional Law

The Arc of Due Process in American Constitutional Law
Author: E. Thomas Sullivan
Publisher: Oxford University Press
Total Pages: 264
Release: 2013-03-27
Genre: Law
ISBN: 0199990816

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Topics such as military tribunals, same-sex marriage, informative privacy, reproductive rights, affirmative action, and states' rights fill the landscape of contemporary legal debate and media discussion, and they all fall under the umbrella of the Due Process Clauses of the United States Constitution. However, what is not always fully understood is the constitutional basis of these rights, or the exact list of due process rights as they have evolved over time through judicial interpretation. In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro describe the intricate history of what are currently considered due process rights, and maintain that modern constitutional theory and practice must adhere to it. The authors focus on the origins and contemporary uses of due process principles in American constitutional law, while offering an overarching description of the factors or normative concepts that allow courts to invalidate a government action on the grounds of due process. They also analyze judicial interpretations and expressions as a key manner and perhaps the most powerful source of how due process has taken form in the United States. In the process of charting this arc, the authors describe the judicial analysis of rights within each category applying an illustrative list, and identify several fundamental norms that span these disparate threads of due process and the most salient principles that animate due process doctrine.

Due Process and Victims' Rights

Due Process and Victims' Rights
Author: Kent Roach
Publisher: University of Toronto Press
Total Pages: 414
Release: 1999-01-01
Genre: Philosophy
ISBN: 9780802009319

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A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.

Global Justice and Due Process

Global Justice and Due Process
Author: Larry May
Publisher: Cambridge University Press
Total Pages: 261
Release: 2010-12-09
Genre: Philosophy
ISBN: 1139494643

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The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

General Principles of Law and International Due Process

General Principles of Law and International Due Process
Author: Charles T. Kotuby, Jr.
Publisher: Oxford University Press
Total Pages: 305
Release: 2017-02-15
Genre: Law
ISBN: 0190642726

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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.