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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers dozens of countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject. Contributors: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P.G. Carozza, C. Charters, J.A. Cheibub, S. Choudhry, D.M. Davis, R. Dixon, V. Ferreres Comella, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J.L. Hiebert, R. Hirschl, N. Hume, H. Irving, V.C. Jackson, G.J. Jacobsohn, D.P. Kommers, R.J. Krotoszynski, Jr, N. Lenagh-Maguire, F. Limongi, F.I. Michelman, K. O Regan, R.H. Pildes, K. Roach, K. Rubenstein, C. Saunders, D. Schneiderman, A. Stone, R. Teitel, M. Tushnet
As Congress prepares articles of impeachment of President Trump, read the definitive book on presidential impeachment and how it should be used today. Impeachment is our ultimate constitutional check against an out-of-control executive. But it is also a perilous and traumatic undertaking for the nation. In this authoritative examination, Laurence Tribe and Joshua Matz rise above the daily clamor to illuminate impeachment's proper role in our age of broken politics. To End a Presidency is an essential book for anyone seeking to understand how this fearsome power should be deployed.
Originally published at the height of the Watergate crisis, Charles Black's classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: "To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American."--Bill Bradley, former United States senator "The most important book ever written on presidential impeachment."--Lawfare "A model of how so serious an act of state should be approached."--Wall Street Journal "A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive."--New York Times Book Review "The finest text on the subject I have ever read."--Ben Wittes
Explains impeachment from its English roots through 250 years of American constitutional experience, including the case against President Trump.
Michael Gerhard examines the likely political and constitutional consequences of President Clinton's impeachment and trial. Placing the President's acquittal in historical perspective he argues that it is consistent with the process as it has evolved over the last two centuries.
Documents the emergence of a pattern of political instability in Latin America. Traditional military coups have receded in the region, but elected presidents are still ousted from power as a result of recurrent crises. Aníbal Pérez-Liñán shows that presidential impeachment has become the main constitutional instrument employed by civilian elites to depose unpopular rulers. Based on detailed comparative research in five countries and extensive historical information, the book explains why crises without breakdown have become the dominant form of instability in recent years and why some presidents are removed from office while others survive in power. The analysis emphasizes the erosion of presidential approval resulting from corruption and unpopular policies, the formation of hostile coalitions in Congress, and the role of investigative journalism. This book challenges classic assumptions in studies of presidentialism and provides important insights for the fields of political communication, democratization, political behaviour, and institutional analysis.
ONE OF THE BEST BOOKS OF THE YEAR: Jennifer Szalai, The New York Times; The New York Times Book Review; NPR; Publishers Weekly “This absorbing and important book recounts the titanic struggle over the implications of the Civil War amid the impeachment of a defiant and temperamentally erratic American president.”—Jon Meacham, Pulitzer Prize–winning author of The Soul of America When Abraham Lincoln was assassinated and Vice-President Andrew Johnson became “the Accidental President,” it was a dangerous time in America. Congress was divided over how the Union should be reunited: when and how the secessionist South should regain full status, whether former Confederates should be punished, and when and whether black men should be given the vote. Devastated by war and resorting to violence, many white Southerners hoped to restore a pre–Civil War society, if without slavery, and the pugnacious Andrew Johnson seemed to share their goals. With the unchecked power of executive orders, Johnson ignored Congress, pardoned rebel leaders, promoted white supremacy, opposed civil rights, and called Reconstruction unnecessary. It fell to Congress to stop the American president who acted like a king. With profound insights and making use of extensive research, Brenda Wineapple dramatically evokes this pivotal period in American history, when the country was rocked by the first-ever impeachment of a sitting American president. And she brings to vivid life the extraordinary characters who brought that impeachment forward: the willful Johnson and his retinue of advocates—including complicated men like Secretary of State William Seward—as well as the equally complicated visionaries committed to justice and equality for all, like Thaddeus Stevens, Charles Sumner, Frederick Douglass, and Ulysses S. Grant. Theirs was a last-ditch, patriotic, and Constitutional effort to render the goals of the Civil War into reality and to make the Union free, fair, and whole. Praise for The Impeachers “In this superbly lyrical work, Brenda Wineapple has plugged a glaring hole in our historical memory through her vivid and sweeping portrayal of President Andrew Johnson’s 1868 impeachment. She serves up not simply food for thought but a veritable feast of observations on that most trying decision for a democracy: whether to oust a sitting president. Teeming with fiery passions and unforgettable characters, The Impeachers will be devoured by contemporary readers seeking enlightenment on this issue. . . . A landmark study.”—Ron Chernow, Pulitzer Prize–winning author of Grant
President Bill Clinton’s year of crisis, which began when his affair with Monica Lewinsky hit the front pages in January 1998, engendered a host of important questions of criminal and constitutional law, public and private morality, and political and cultural conflict. In a book written while the events of the year were unfolding, Richard Posner presents a balanced and scholarly understanding of the crisis that also has the freshness and immediacy of journalism. Posner clarifies the issues and eliminates misunderstandings concerning facts and the law that were relevant to the investigation by Independent Counsel Kenneth Starr and to the impeachment proceeding itself. He explains the legal definitions of obstruction of justice and perjury, which even many lawyers are unfamiliar with. He carefully assesses the conduct of Starr and his prosecutors, including their contacts with the lawyers for Paula Jones and their hardball tactics with Monica Lewinsky and her mother. He compares and contrasts the Clinton affair with Watergate, Iran–Contra, and the impeachment of Andrew Johnson, exploring the subtle relationship between public and private morality. And he examines the place of impeachment in the American constitutional scheme, the pros and cons of impeaching President Clinton, and the major procedural issues raised by both the impeachment in the House and the trial in the Senate. This book, reflecting the breadth of Posner’s experience and expertise, will be the essential foundation for anyone who wants to understand President Clinton’s impeachment ordeal.
Cass Sunstein considers actual and imaginable arguments for a president’s removal, explaining why some cases are easy and others hard, why some arguments for impeachment are judicious and others not. In direct and approachable terms, he dispels the fog surrounding impeachment so that all Americans may use their ultimate civic authority wisely.