BRAND NEW Hardcover A Brand New Quality Book from a Full-Time Bookshop in business since 1992!. Bookseller Inventory #
Synopsis: In the Supreme Court's 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. Pallitto's 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 nation's founding document.
Of far more than symbolic significance, the Magna Carta exerts immediate practical influence on legal outcomes, as Justice Kennedy's opinion demonstrates. To explain this, Pallitto first goes into the Charter's origins, history, and nature, especially its explicit use of "the law of the land" to protect subjects' rights and liberty. The Magna Carta's legacy in the United States reaches back to the nation's founding, with even the colonial charters reflecting its influence. But it is in the Supreme Court's reference to the Charter, spanning the institution's full two-hundred years, that Pallitto finds the greatest impact—most frequently inthe 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 drafter's original intent.
Charting the Magna Carta's 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.
About the Author: Robert M. Pallitto is associate professor of political science at Seton Hall University. He is author of Torture and State Violence in the United States: A Short Documentary History and, with William G. Weaver, Presidential Secrecy and the Law.
Title: In the Shadow of the Great Charter - Common ...
Publisher: Univ Kansas Press
Book Condition: BRAND NEW
Book Description University Press of Kansas. Hardcover. Condition: Very Good. This copy shows very minor wear. Seller Inventory # G0700620915I4N00
Book Description University Press of Kansas. Condition: Good. Seller Inventory # 42801925
Book Description University Press of Kansas, 2015. Hardcover. Condition: Good. Item may show signs of shelf wear. Pages may include limited notes and highlighting. Includes supplemental or companion materials if applicable. Access codes may or may not work. Connecting readers since 1972. Customer service is our top priority. Seller Inventory # S_187397624
Book Description University Press of Kansas, 2015. Hardcover. Condition: New. Dust Jacket Condition: New. Shrinkwrapped; 8.60 X 5.80 X 1 inches; 244 pages. Seller Inventory # 176769
Book Description University Press of Kansas, 2015. Condition: New. book. Seller Inventory # M0700620915
Book Description University Press of Kansas, 2015. Condition: Good. A+ Customer service! Satisfaction Guaranteed! Book is in Used-Good condition. Pages and cover are clean and intact. Used items may not include supplementary materials such as CDs or access codes. May show signs of minor shelf wear and contain limited notes and highlighting. Seller Inventory # 0700620915-2-4
Book Description University Press of Kansas 2015-04-17, 2015. Hardcover. Condition: good. 0700620915. Seller Inventory # 725202
Book Description 2015. HRD. Condition: New. New Book.Shipped from US within 10 to 14 business days. Established seller since 2000. Seller Inventory # IB-9780700620913
Book Description Univ Kansas Press. Condition: BRAND NEW. BRAND NEW Hardcover A Brand New Quality Book from a Full-Time Veteran Owned Bookshop in business since 1992!. Seller Inventory # 2633363
Book Description University Press of Kansas, 2015. HRD. Condition: New. New Book. Shipped from US within 10 to 14 business days. Established seller since 2000. Seller Inventory # IB-9780700620913