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Relevant bibliographies by topics / Constitutional avoidance

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Academic literature on the topic 'Constitutional avoidance'

Author: Grafiati

Published: 4 June 2021

Last updated: 13 February 2022

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Journal articles on the topic "Constitutional avoidance"

1

Beermann, Jack M. "Qualified Immunity and Constitutional Avoidance." Supreme Court Review 2009, no. 1 (2009): 139–79. http://dx.doi.org/10.1086/653647.

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Hasen, Richard L. "Constitutional Avoidance and Anti‐Avoidance by the Roberts Court." Supreme Court Review 2009, no. 1 (2009): 181–223. http://dx.doi.org/10.1086/653648.

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Lerner, Hanna. "Permissive Constitutions, Democracy, and Religious Freedom in India, Indonesia, Israel, and Turkey." World Politics 65, no. 4 (2013): 609–55. http://dx.doi.org/10.1017/s0043887113000208.

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The article addresses the question of what role formal constitutions play in mitigating intense conflicts over the religious character of the state. In contrast to common views in constitutional and political scholarship, it demonstrates that the ideal of liberal constitutionalism is not compatible with the political reality and types of conflicts that characterize religiously divided societies. Analyzing four processes of constitution drafting in which issues of religious law and religious identity were at the heart of the debate—India, Indonesia, Israel, and Turkey—it argues that under deep

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4

Ahmed, Farrah, and Tarunabh Khaitan. "Constitutional Avoidance in Social Rights Adjudication." Oxford Journal of Legal Studies 35, no. 3 (2015): 607–25. http://dx.doi.org/10.1093/ojls/gqv003.

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Dubiński, Łukasz. "A clause against tax avoidance (constitutional perspective)." Zeszyty Naukowe Uniwersytetu Szczecińskiego Finanse Rynki Finansowe Ubezpieczenia 93 (2018): 17–26. http://dx.doi.org/10.18276/frfu.2018.93-02.

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Skelton, Ann, and Serges Djoyou Kamga. "Broken Promises: Constitutional Litigation for Free Primary Education in Swaziland." Journal of African Law 61, no. 3 (2017): 419–42. http://dx.doi.org/10.1017/s0021855317000274.

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AbstractSwaziland's Constitution of 2005 promised that every Swazi child would have the right to free primary school education, within three years of the constitution coming into operation. That date having passed, a civil society group took the matter to court. The case initially fared well, but in a subsequent application for performance on the original order, the court balked at making an immediately enforceable order, citing lack of resources as an obstacle. That approach was upheld by the Supreme Court. This article examines the courts’ pronouncements within the Swazi constitutional conte

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Anenson, T. Leigh, and Jennifer Gershberg. "Clashing Canons and the Contract Clause." University of Michigan Journal of Law Reform, no. 54.1 (2021): 147. http://dx.doi.org/10.36646/mjlr.54.1.clashing.

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This Article is the first in-depth examination of substantive canons that judges use to interpret public pension legislation under the Contract Clause of the U.S. Constitution and state constitutions. The resolution of constitutional controversies concerning pension reform will have a profound influence on government employment. The assessment begins with a general discussion of these interpretive techniques before turning to their operation in public pension litigation. It concentrates on three clashing canons: the remedial (purpose) canon, the “no contract” canon (otherwise known as the unmi

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Astermark, Jan. "FVIII inhibitors: pathogenesis and avoidance." Blood 125, no. 13 (2015): 2045–51. http://dx.doi.org/10.1182/blood-2014-08-535328.

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Abstract The pathogenesis of inhibitory antibodies has been the focus of major scientific interest over the last decades, and several studies on underlying immune mechanisms and risk factors for formation of these antibodies have been performed with the aim of improving the ability to both predict and prevent their appearance. It seems clear that the decisive factors for the immune response to the deficient factor are multiple and involve components of both a constitutional and therapy-related nature. A scientific concern and obstacle for research in the area of hemophilia is the relatively sm

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Goode, J. Paul. "Patriotic Legitimation and Everyday Patriotism in Russia’s Constitutional Reform." Russian Politics 6, no. 1 (2021): 112–29. http://dx.doi.org/10.30965/24518921-00601007.

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Abstract Russia’s 2020 Constitutional reform was notable not just for the substantial institutional changes introduced, but also for the almost complete lack of public discussion of those changes in elite debates or the public campaign for the nationwide vote. Instead, proposals to write social and patriotic issues into the Constitution absorbed the lion’s share of coverage. These issues were not superfluous, but rather reveal the dynamics of patriotic legitimation and the role of everyday patriotism in Russian politics today. Among Russia’s elite, patriotic legitimation regulates competition,

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Odermatt, Jed. "Patterns of avoidance: political questions before international courts." International Journal of Law in Context 14, no. 2 (2018): 221–36. http://dx.doi.org/10.1017/s1744552318000046.

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AbstractInternational courts (ICs) have found themselves dealing with issues that are ‘political’ in nature. This paper discusses the techniques of avoidance ICs have developed to navigate such highly political or sensitive issues. The first part discusses some of the key rationales for avoidance. Drawing on the discussion of the political question doctrine in US constitutional law, it shows how ICs may justify avoidance on both principled and pragmatic grounds. It then discusses the different types of avoidance strategies employed by ICs, based on examples from the Court of Justice of the Eur

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Dissertations / Theses on the topic "Constitutional avoidance"

1

Wilde, David C. "The jurisprudence and constitutional authority of the House of Lords' 'new approach' to tax avoidance : with appendix, A 'revolutionary'approach to unlawful taxation." Thesis, University of Reading, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.386541.

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Monteiro, Eduardo Cabral Moraes. "A Elisão tributária como direito fundamental do contribuinte." Programa de Pós-Graduação em Direito da UFBA, 2011. http://www.repositorio.ufba.br/ri/handle/ri/10718.

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Carvalho, Filho José dos Santos. "De la théorie à la pratique de l'activisme judiciaire : la technique de l'interprétation conforme à la constitution en contrôle a posteriori : étude comparée Brésil-France." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0008.

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Depuis longtemps, la leçon kelsenienne selon laquelle le juge constitutionnel serait un législateur négatif se diffuse dans le monde entier. Néanmoins, de nouvelles techniques de décision / interprétation accordant aux juges davantage de pouvoir pour faire face aux atteintes à la constitution remettent en cause cette notion historique. En effet, le constitutionnalisme contemporain connait plusieurs types de décisions édictés par des cours constitutionnelles créant des droits et obligations nouveaux. De ce fait, il semble exister une incohérence entre la théorie paradigmatique de Kelsen et la p

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Teles, Galderise Fernandes. "Planejamento tributário e normas antielisivas: uma análise a partir da perspectiva de nosso sistema constitucional." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6636.

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Made available in DSpace on 2016-04-26T20:23:20Z (GMT). No. of bitstreams: 1 Galderise Ferndes Teles.pdf: 962646 bytes, checksum: 9f468eb5091d8f78d52fd28a9eb7517c (MD5) Previous issue date: 2014-10-13<br>Conselho Nacional de Desenvolvimento Científico e Tecnológico<br>The present document is the Tax Planning and Anti-Avoidance rules analysis core. In this context, we analyze the existence and compatibility of these standards in our Constitutional Tax System, always arguing for the absence of this relevance regarding our legal system. There are further analyses of the arguments used by the ad

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Books on the topic "Constitutional avoidance"

1

Gant, Scott E. The Schiavo case: A symposium : the contagion of constitutional avoidance. Constitutional Commentary, 2006.

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2

France. Convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital: Message from the President of the United States transmitting convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at Paris on August 31, 1994, together with two related exchanges of notes. U.S. G.P.O., 1994.

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France. Convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital: Message from the President of the United States transmitting convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at Paris on August 31, 1994, together with two related exchanges of notes. U.S. G.P.O., 1994.

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France. Convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital: Message from the President of the United States transmitting convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at Paris on August 31, 1994, together with two related exchanges of notes. U.S. G.P.O., 1994.

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5

France. Protocol amending the tax convention with France: Message from the President of the United States transmitting Protocol Amending the Convention between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Paris on August 31, 1994. U.S. G.P.O., 2005.

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France. Protocol amending the tax convention with France: Message from the President of the United States transmitting Protocol Amending the Convention between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Paris on August 31, 1994. U.S. G.P.O., 2005.

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7

Doyle, Kelly R. Constitutional Inquiries: The Doctrine of Constitutional Avoidance and the Political Question Doctrine. Nova Science Publishers, Incorporated, 2015.

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8

Barrett, Lindon. The Conceptual Impossibility of Racial Blackness. Edited by Justin A. Joyce, Dwight A. Mcbride, and John Carlos Rowe. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038006.003.0001.

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This chapter traces modern conceptions of racial blackness from the beginnings of Euro-American imperialism in the Western Hemisphere through the seventeenth-century Atlantic slave trade and the mercantilist economy dependent on slavery up to the Federalist era (1780–1800) in early U.S. national politics. It traces a historical trajectory—approximately 1500 to 1800—that links the origin of the U.S. nation (and its Constitutional avoidance of the immorality of its slave system) to European imperialism and the mercantilist economy supported by the slave trade. In so doing the chapter establishes

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9

Horder, Jeremy. Criminal Misconduct and the Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198823704.003.0002.

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I provide reasons to regard to courts’ power to apply the misconduct offence to the conduct of Members of Parliament as a vital measure of last resort to deter and punish corruption at the highest level. In relation to matter of free speech in Parliament, we must place absolute trust in parliamentarians not to abuse parliamentary privilege; but when it comes to the avoidance of the use of public office for private gain, our trust in parliamentarians not to abuse this privilege should be only conditional. Parliamentarians should feel the full force of the criminal law when they participate in c

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10

Teixeira, Sergio Torres, and Julienne Diniz Antão. Garantias constitucionais do processo e instrumentalidade processual. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-251-3.

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During the months of May to September, Prof. Dr. Sérgio Torres Teixeira taught a discipline called “Constitutional Guaranties of the Process and Procedural Instrumentality” (which is also the name of this book) in the Post-Graduate Program of the Federal University of Pernambuco; one of the first classes entirely online in regard to COVID-19 safety measures. Despite the distance, all classmates were remarkably close in the intellectual purpose of learning and develop the law. Their researches, discussions and enthusiasm gave birth to this book, which delves deeply in important matters regardin

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Book chapters on the topic "Constitutional avoidance"

1

Parry, Rebecca, and Sharif Shivji. "Avoidance Powers Under The Companies Act 2006." In Transaction Avoidance in Insolvencies. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198793403.003.0022.

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As an alternative, or in addition, to the avoidance provisions available under the Insolvency Act 1986 a transaction may, in an appropriate case, be challenged under provisions of the Companies Act 2006 as a transaction exceeding constitutional limitations. Other directors’ duties may also be raised in an action, such as the duty to act in good faith to promote the success of the company.

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2

"Trimming values: Rawls and the constitutional avoidance of politics." In Liberalism and Pluralism. Routledge, 2002. http://dx.doi.org/10.4324/9780203007327-5.

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3

Bellia, Anthony J., and Bradford R. Clark. "Restating The Charming Betsy as a Canon of Avoidance." In The Restatement and Beyond. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197533154.003.0009.

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This chapter examines the Charming Betsy canon, which was recognized by the Supreme Court more than two centuries ago and has since become a well-known tool of statutory construction. As formulated in 1804, the canon instructed that a federal statute “ought never to be construed to violate the law of nations if any other possible construction remains.” At the time The Charming Betsy was decided, the canon functioned as a canon of constitutional avoidance. It ensured that courts did not usurp the constitutional authority of the political branches over the conduct of war and foreign relations by violating the rights of foreign nations without clear authorization to do so. In 1987, the Third Restatement arguably expanded the domain of the canon beyond its original formulation and actual use by the Supreme Court, instructing courts to construe statutes “so as not to conflict with international law.” Although the Fourth Restatement does not include a general restatement of the Charming Betsy canon, Section 406 restates an important application of the canon to avoid conflicts with international law governing jurisdiction to prescribe. This chapter proposes a new general restatement of the Charming Betsy canon that reflects its actual use by the Court as a canon of avoidance, and excludes potential misuses that might contradict, rather than uphold, the U.S. Constitution’s allocation of powers.

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4

Heald, David, Rozana Himaz, and Christopher Hood. "Politics In and After Fiscal Squeeze." In When the Party’s Over. British Academy, 2014. http://dx.doi.org/10.5871/bacad/9780197265734.003.0012.

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This chapter examines what nine cases of fiscal squeeze in different democracies can reveal about the politics of austerity, combining overall quantitative comparisons with a set of qualitative accounts of those nine cases. It argues that fiscal squeeze in democracies is not invariably prompted by economic force majeure, contrary to the view that public spending growth in democracies can only be checked by exogenous forces or constitutional entrenchment. It further argues that there is no standard set of economic and financial preconditions for fiscal adjustment or consolidation, and that while fiscal squeeze often presents blame-avoidance challenges for incumbents, such squeezes do not necessarily produce deep political crisis or political violence. Nor are they invariably marked by major political turning-points or political cross-dressing in the form of ‘Nixon goes to China’ moments. The chapter concludes by reflecting on what policymakers in the next set of fiscal squeezes can and cannot learn from comparative experience.

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Schwartz, David S. "“Has Congress Power to Incorporate a Bank?”." In The Spirit of the Constitution. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190699482.003.0004.

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Chief Justice Marshall’s ambiguous opinion in McCulloch v. Maryland rejected the hard-line Jeffersonian argument that implied powers were only those strictly necessary to implementing the enumerated powers. But while McCulloch’s logic of implied powers held hugely expansive potential for national legislative authority, Marshall did not follow that logic to its conclusion and stopped short of aggressively nationalistic grounds for upholding the Second Bank of the United States. The Bank’s lawyers argued for placing the constitutionality of the Bank on broad terms that would endorse a theory of implied powers untethered to the enumerated powers. They also offered a less aggressive but still highly nationalistic theory of implied commerce powers that would support internal improvements. Marshall’s studied avoidance of the Commerce Clause was almost certainly intended to avoid committing the Court to a concept of implied commerce powers, which might have entailed federal powers over internal improvements and slavery.

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6

Baturo, Alexander. "Continuismo in Comparison." In The Politics of Presidential Term Limits. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198837404.003.0005.

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The subject of this chapter is continuismo—the practice of avoidance, extension, and outright removal of presidential term limits across the world. Drawing from original data on presidents who practiced continuismo from 1945 until 2017, the chapter builds a ten-point comprehensive typology and survey of practices that enable presidents to remain in office beyond their constitutionally allotted time, ranging from temporary extensions to presidency for life. This typology also includes cases wherein presidents do not violate term limits as such and depart formally from office while remaining influential behind the scenes and ruling through so-called “placeholders”. The chapter also discusses the consequences of continuismo and finds that “extenders,” on average, achieve their goals and serve longer than otherwise. Arguably, continuismo does not pay, since the majority of “extenders” suffer from a negative exit from office later on.

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7

Anker, Elizabeth S. "Paul Beatty, the Rhetoric of War, and the Selling Out of Civil Rights." In Cannons and Codes. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197509371.003.0015.

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Elizabeth Anker situates Paul Beatty’s The Sellout in a literary tradition that enlists satire as an instrument of critique. Anker demonstrates that Beatty violates race-related taboos in order to confront readers with the avoidances that those taboos impose. Beatty’s biting humor, with its slippage between metaphor and reality, serves to disrupt the self-satisfaction and complacency that mark conventional narratives about the legacy of the Civil War and the civil rights movement in American constitutional politics. The Sellout shows us, in Anker’s view, that the tradition of written constitutionalism and its celebratory symbolism of “quill and ink” has often served instead to enable and legitimize the criminalization and disenfranchisement of African Americans. Moreover, courts have assimilated a racialized language of urban combat—including the so-called wars on poverty, drugs, and crime—that has perpetuated structural racism, reinforcing standards of decorum and good citizenship that have operated as barriers to inclusion in the liberal democratic public sphere.

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Biondi, Karina. "The Politics of Transcendence." In Sharing This Walk, edited by John F. Collins. University of North Carolina Press, 2016. http://dx.doi.org/10.5149/northcarolina/9781469623405.003.0005.

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The fragile consistency generated by the politics described in chapter 3 gains stability when it takes on a transcendent form that is both the product and the producer of the immanence that permeates it. Hence, the ways that “de-individualizing” processes operate in the materialization of a power that gains autonomy from and superiority over its producers are the subject of chapter 4. This chapter makes clear the efficacy and strength of a force field called the First Command of Capital (Primeiro Comando da Capital – PCC) by offering an analysis of territorializing processes that take place alongside the phenomenon of de-individualization. Most importantly, this chapter seeks to describe the construction of a localized form of transcendence, or the establishment of an imaginative figure whose perplexing concreteness avoids ultimate transcendence by working as a machine that seeks liberty and resists all subjectification in its avoidance of the constitution of power as put forth by the state.

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