In the Shadow of the Great Charter: Common Law Constitutionalism and the Magna C

Description: In the Shadow of the Great Charter by Robert M. Pallitto Estimated delivery 3-12 business days Format Hardcover Condition Brand New Description The story of the profound influence of Magna Carta on American legal development, especially constitutional doctrine and interpretation. Publisher Description In the Supreme Courts 2008 ruling on whether Guantanamo detainees could be barred from U.S. courts, Justice Anthony Kennedy cited the U.S. Constitution, of course. But he also linked the decision to the Magna Carta. Why would a twenty-first-century judge, even under the extraordinary circumstances of the "war on terror," invoke a document signed by an English king in the thirteenth century? To address this question, as Robert Pallitto does in this clarifying book, is to probe the history of modern civil liberties, and to explore the process by which judges decide individual rights cases. Pallittos work, with its insight into competing ideas about interpreting the Constitution—"originalism" versus "constitutional common law"—is of critical importance to our understanding of the nations founding document.Of far more than symbolic significance, the Magna Carta exerts immediate practical influence on legal outcomes, as Justice Kennedys opinion demonstrates. To explain this, Pallitto first goes into the Charters origins, history, and nature, especially its explicit use of "the law of the land" to protect subjects rights and liberty. The Magna Cartas legacy in the United States reaches back to the nations founding, with even the colonial charters reflecting its influence. But it is in the Supreme Courts reference to the Charter, spanning the institutions full two-hundred years, that Pallitto finds the greatest impact—most frequently in the principles of due process (in criminal proceedings) and habeas corpus, but in many other provisions as well. And the weight of this impact registers most deeply and clearly in the development of the constitutional common law—the theory that courts should and do interpret and expand on constitutional texts by reference to tradition and precedent rather than to the drafters original intent.Charting the Magna Cartas influence on the contemporary jurisprudence of individual rights—from the legal thought of the American colonies through exemplary cases over the history of the Supreme Court—this book offers resounding evidence of the evolution and value of abiding principles through which American liberty endures. Author Biography Robert M. Pallitto is associate professor of political science at Seton Hall University, USA. He is the author of Torture and State Violence in the United States: A Short Documentary History and, with William G. Weaver, Presidential Secrecy and the Law. Details ISBN 0700620915 ISBN-13 9780700620913 Title In the Shadow of the Great Charter Author Robert M. Pallitto Format Hardcover Year 2015 Pages 248 Publisher University Press of Kansas GE_Item_ID:93692302; About Us Grand Eagle Retail is the ideal place for all your shopping needs! With fast shipping, low prices, friendly service and over 1,000,000 in stock items - you're bound to find what you want, at a price you'll love! Shipping & Delivery Times Shipping is FREE to any address in USA. Please view eBay estimated delivery times at the top of the listing. Deliveries are made by either USPS or Courier. We are unable to deliver faster than stated. International deliveries will take 1-6 weeks. NOTE: We are unable to offer combined shipping for multiple items purchased. This is because our items are shipped from different locations. Returns If you wish to return an item, please consult our Returns Policy as below: Please contact Customer Services and request "Return Authorisation" before you send your item back to us. Unauthorised returns will not be accepted. Returns must be postmarked within 4 business days of authorisation and must be in resellable condition. Returns are shipped at the customer's risk. We cannot take responsibility for items which are lost or damaged in transit. For purchases where a shipping charge was paid, there will be no refund of the original shipping charge. Additional Questions If you have any questions please feel free to Contact Us. Categories Baby Books Electronics Fashion Games Health & Beauty Home, Garden & Pets Movies Music Sports & Outdoors Toys

Price: 69.84 USD

Location: Fairfield, Ohio

End Time: 2025-01-26T04:28:06.000Z

Shipping Cost: 0 USD