Marine Environmental Governance: From International Law to

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Language: English

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Indeed, lawmaking authorities in legal systems like the U. One possibility is that strict construction refers to textualism--the idea that all constitutional interpretations must be grounded in the text of the Constitution. One of the most famous passages in all of theoretical legal scholarship was about this problem. A usage is general practice which does not reflect a legal obligation, and examples are ceremonial salute at sea and the practice of exempting diplomatic vehicles from parking prohibitions.

Pages: 312

Publisher: Routledge; 1 edition (May 10, 2013)

ISBN: 0415823951

Quite apart from the issue of whether courts ought to be bound by past decisions, the “legal realist” school, which was very influential in American law schools in the period between the two world wars, raised the issue of whether courts, as a matter of fact, did bind themselves by past decisions. Led by such brilliant young scholars as Judge Jerome Frank and Karl Llewellyn in the early 1930s, the legal realists pointed to the substantial devices or stratagems available to courts to mitigate the effects of unwanted judicial decisions from earlier eras ref.: click for free. In the apostle Paul�s second letter to the Corinthian Church, he speaks a word in defense of his gospel team. In the course of his long journeys and his ministry in those churches, he says (II Cor 7:2) "... We have wronged no man, we have corrupted (spoiled) no man, we have defrauded (fooled) no man." Had the convention dissolved, any number of adverse outcomes could have resulted, including civil war or a reversion to monarchy. Not only does Klarman capture the knife's-edge atmosphere of the convention, he populates his narrative with riveting and colorful stories: the rebellion of debtor farmers in Massachusetts; George Washington's uncertainty about whether to attend; Gunning Bedford's threat to turn to a European prince if the small states were denied equal representation in the Senate; slave staters' threats to take their marbles and go home if denied representation for their slaves; Hamilton's quasi-monarchist speech to the convention; and Patrick Henry's herculean efforts to defeat the Constitution in Virginia through demagoguery and conspiracy theories ref.:
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