Paperback
- Product Author
- Kevin R. C. Gutzman, Thomas E. Woods Jr.
- ISBN-13
- 978-0307405760
- Publisher
- Three Rivers Press
- Publication Date
- 2009
- Item Number
- 401SP2316
Description:
In Who Killed the Constitution? bestselling authors Thomas E. Woods Jr. and Kevin R.C. Gutzman reveal just how widespread the attacks on the Constitution really are. Their blistering new book exposes the “dirty dozen” — the twelve assaults that have destroyed the government the Founding Fathers gave us. While there is much for libertarians to applaud, some may have problems with the author’s views in a couple of areas. They hold a “states’ right’s” perspective and argue that the Bill of Rights can be violated by individual states. This conservative approach is not held by many libertarians.
“If you want to know why the federal government regulates the air you breathe, the water you drink, and the words you speak, read Who Killed the Constitution? This is a no-holds-barred, no-nonsense, non-ideological, profound analysis of why and how those in whose custody we have reposed the Constitution, those who have taken oaths to uphold it, have not only avoided preserving it but have intentionally exterminated it. When the history of these unfree times is written, Tom Woods and Kevin Gutzman’s fearless work will be recognized as the standard against which all others are measured.”
- Judge Andrew Napolitano, Fox News senior judicial analyst and author of The Constitution in Exile
“It’s about time someone shouted out that the emperor has no clothes. And hasn’t had any since 1861, when the federal government started to shred the Constitution and saw that it could get away with it. Over the next century and a half, Washington steadily marginalized the document in pursuit of an ever-greater empire, and today it rules with virtually no constitutional justification at all — as this very useful book so persuasively points out.”
- Kirkpatrick Sale, director of the Middlebury Institute and author of Human Scale
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Heneflor – :
The important thing about HRA, when it comes to ctouoitstinnal law. is how it interfaces with existing ctouoitstinnal law. The relationship isn’t so much in respect of existing rights as it is in respect of the method by which those rights are applied to UK law.There are ways in which individual rights do relate to existing law, but they are more substantive than ctouoitstinnal.HRA (unlike EU law) incorporates the convention without upsetting existing ctouoitstinnal arrangements HRA allows for challenge of any law common law and primary and secondary legislation on grounds of incompatibility, but primary legislation (i.e. acts of parliament) cannot be *struck down* only declared to be incompatible (which does not effect their validity in law). This maintains the rule of parliamentary sovereignty and reflects the nature of the UK constitution (much of it works because of the influence of factors outside the law such as ctouoitstinnal conventions).There are the issues of the introduction of foreign (ECtHR) jurisprudence into UK law, and the status of the HRA in terms of implied repeal (raise by Laws LJ, in the Thoburn case).To understand the relationship fully you’d have to look at the issues in claiming a breach of rights such as proportionality that were not usual in judicial review proceedings prior to HRA and other issues surrounding its comparison to conventional judicial review such as standing, treatment of groups with no group legal personality etc.You should do more reading on constit law and post more Qs if there’s something in particular you don’t follow. There are some lawyers and students around here but there are also lots of people with an axe to grind especially when it comes to HRA References : law grad