

Hero image 0 of In the Shadow of the Great Charter: Common Law Constitutionalism and the Magna Carta, (Hardcover), 0 of 1
In the Shadow of the Great Charter: Common Law Constitutionalism and the Magna Carta, (Hardcover)
(No ratings yet)
Key item features
- In the Shadow of the Great Charter: Common Law Constitutionalism and the Magna Carta, (Hardcover)
- Author: University Press of Kansas
- ISBN: 9780700620913
- Format: Hardcover
- Publication Date: 2015-04-17
- Page Count: 244
Specs
- Book formatHardcover
- Fiction/nonfictionNon-Fiction
- Publication dateApril, 2015
- Pages244
- SubgenreConstitutions
- Series titleNo Series
Current price is USD$56.56
Price when purchased online
Out of stock
How do you want your item?
Out of stock
About this item
Product details
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.
- In the Shadow of the Great Charter: Common Law Constitutionalism and the Magna Carta, (Hardcover)
- Author: University Press of Kansas
- ISBN: 9780700620913
- Format: Hardcover
- Publication Date: 2015-04-17
- Page Count: 244
info:
We aim to show you accurate product information. Manufacturers, suppliers and others provide what you see here, and we have not verified it. Â
Specifications
Book format
Hardcover
Fiction/nonfiction
Non-Fiction
Genre
Political & Social Sciences
Publication date
April, 2015
Warranty
Warranty information
Please be aware that the warranty terms on items offered for sale by third party Marketplace sellers may differ from those displayed in this section (if any). To confirm warranty terms on an item offered for sale by a third party Marketplace seller, please use the 'Contact seller' feature on the third party Marketplace seller's information page and request the item's warranty terms prior to purchase.
Similar items you might like
Based on what customers bought
The justice of the peace for Ireland (Paperback) $36.73
$3673current price $36.73The justice of the peace for Ireland (Paperback)
The Master of Ballantrae (Hardcover) $37.91
$3791current price $37.91The Master of Ballantrae (Hardcover)
The Higher Powers of Man (Hardcover) $35.47
$3547current price $35.47The Higher Powers of Man (Hardcover)
Best seller Nobody's Girl: A Memoir of Surviving Abuse and Fighting for Justice (Hardcover) $12.80 Was $16.44
Best seller
$1280current price $12.80, Was $16.44$16.44Nobody's Girl: A Memoir of Surviving Abuse and Fighting for Justice (Hardcover)
2234.7 out of 5 Stars. 223 reviewsBelonging Without Othering: How We Save Ourselves and the World, (Hardcover) $8.47 Was $11.84
$847current price $8.47, Was $11.84$11.84Belonging Without Othering: How We Save Ourselves and the World, (Hardcover)
The Silverado Squatters Hardcover $33.79
$3379current price $33.79The Silverado Squatters Hardcover
The Life and Raigne of King Edward the Sixth, (Hardcover) $40.52
$4052current price $40.52The Life and Raigne of King Edward the Sixth, (Hardcover)
Robert Cavelier : The Romance of the Sieur de La Salle and His Discovery of the Mississippi River (Hardcover) $35.51
$3551current price $35.51Robert Cavelier : The Romance of the Sieur de La Salle and His Discovery of the Mississippi River (Hardcover)
Rousseau And The Modern State, (Hardcover) $33.95
$3395current price $33.95Rousseau And The Modern State, (Hardcover)
The Limits of Liberty: Between Anarchy and Leviathan, (Paperback) $37.76
$3776current price $37.76The Limits of Liberty: Between Anarchy and Leviathan, (Paperback)
Text-book of Mechanics; 2 (Hardcover) $35.48
$3548current price $35.48Text-book of Mechanics; 2 (Hardcover)
Divided Kingdom: A History of Britain, 1900 to the Present, (Paperback) $29.40 Was $34.19
$2940current price $29.40, Was $34.19$34.19Divided Kingdom: A History of Britain, 1900 to the Present, (Paperback)
Essays in Taxation, (Hardcover) $34.54
$3454current price $34.54Essays in Taxation, (Hardcover)
A Report of the Trial of the King V. John Hatchard : For a Libel on the Aides-de-Camp of Sir James Leith (Paperback) $20.75
$2075current price $20.75A Report of the Trial of the King V. John Hatchard : For a Libel on the Aides-de-Camp of Sir James Leith (Paperback)
Trigonometry (Hardcover) $31.95
$3195current price $31.95Trigonometry (Hardcover)
Common Law, (Hardcover) $40.56
$4056current price $40.56Common Law, (Hardcover)
Who's Who in the Lyceum, (Hardcover) $31.95
$3195current price $31.95Who's Who in the Lyceum, (Hardcover)
M.K. Gandhi, Attorney at Law : The Man before the Mahatma (Edition 1) (Hardcover) $50.65
$5065current price $50.65M.K. Gandhi, Attorney at Law : The Man before the Mahatma (Edition 1) (Hardcover)
Robert of Gloucester's Chronicle. Transcrib'd, and now First Publish'd, From a MS. in the Harleyan Library Also, Besides, (Hardcover) $38.62
$3862current price $38.62Robert of Gloucester's Chronicle. Transcrib'd, and now First Publish'd, From a MS. in the Harleyan Library Also, Besides, (Hardcover)
Customer ratings & reviews
0 ratings|0 reviews
This item does not have any reviews yet
Related pages
- 8th Maxim
- Convergence Capital
- Professor Of Cultural Studies Ian Buchanan
- Capital S
- Capital In The Anthropocene English Translation
- Atlantic Exposition
- Consumer Guides
- General American Literary Criticism Books
- Comparative Politics Books
- Regional American Literary Criticism Books
- Political Philosophy Books
- Social Philosophy Books

