Due process of law

Author: John V. Orth
Publisher: Univ Pr of Kansas
ISBN:
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Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follow and--in exceptional cases--what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made wayfor an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understa

The Due Process of Law

Author: Alfred Denning
Publisher: OUP Oxford
ISBN: 0191018554
Format: PDF, Mobi
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Two central themes run through The Due Process of Law. The first is the workings of the various "measures authorised by the law so as to keep the streams of justice pure" - that is to say, contempt of court, judicial inquiries, and powers of arrest and search. The second is the recent development of family law, focusing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgments and opinions on a wide range of topics.

Procedural Due Process

Author: Rhonda Wasserman
Publisher: Greenwood Publishing Group
ISBN: 9780313313530
Format: PDF, Kindle
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Traces the historical development of the Due Process Clauses of the Fifth and Fourteenth Amendments and analyzes their cardinal procedural guarantees.

Substantive due process of law

Author: Frank R. Strong
Publisher: Carolina Academic Pr
ISBN:
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The author presents the view that substantive due process, historically, has had very specific meanings. He also discusses the eroding of these original concepts by the Supreme Court.

Global Justice and Due Process

Author: Larry May
Publisher: Cambridge University Press
ISBN: 1139494643
Format: PDF, Docs
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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.

New York s Poop Scoop Law

Author: Michael Brandow
Publisher: Purdue University Press
ISBN: 9781557534927
Format: PDF, ePub, Docs
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The story of how New York City adopted laws to force pet owners to clean up after their pets. Michael Brandow shows how a combination of science and politics, fact and fear, altruism and self-interest led to the adoption and enforcement of legislation that became a shining - and perhaps surprising - success.

The Fifth Amendment

Author: Corona Brezina
Publisher: The Rosen Publishing Group, Inc
ISBN: 1448823269
Format: PDF, Docs
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This book is an introduction to the Fifth Amendment which empowers the people as it guarantees valuable protections on a daily basis within the justice system.

Liberty Property and Privacy

Author: Edward Keynes
Publisher: Penn State Press
ISBN: 9780271041636
Format: PDF, ePub, Mobi
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In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.

Due Process in Nigeria s Administrative Law System

Author: Oneyebuchi T. Uwakah
Publisher: University Press of America
ISBN: 9780761807643
Format: PDF, Mobi
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This book, which relies on primary and secondary printed sources and a series of interviews with affected persons, lawyers, judges, and customary court presidents in Nigeria, focuses on the place of due process in the Nigerian legal system. Uwakah is concerned about the abuse of this important fundamental right in his country. The purpose of the book is to examine how due process operates in Nigeria and whether the coexistence of the customary law, the English common law, the Moslem law, and the martial law systems in Nigeria hinders or enhances due process in the country. Finally, the study investigates the suitability of the British version of due process to Nigeria, since the concept is imported to the country. The book concludes that the British version of due process is unsuitable to Nigeria because the country's political, economic, social, and religious backgrounds substantially differ from those of Britain. This conclusion is premised on the consensus of the interviewees. Uwakah recommends the country's immediate transition from military to civilian rule.