Drafting a Constitution for a Nation or Republic Emerging into Freedom

by Siegan, Bernard H.

• ISBN13: 9780913969700
• ISBN10: 0913969702
• Edition: 2nd
• Format: Hardcover
• Copyright: 1994-08-01
• Publisher: Rowman & Littlefield Pub Inc

Summary

Bernard H. Siegan describes the terms and provisions that a constitution dedicated to the maintenance of a free society should contain, together with the rationale and philosophy behind them. The author gives special consideration to the newly emerging nations of Eastern Europe and formerly communist countries. Topics covered include the powers of and restraints on the legislature, the president, administrative agencies, and the judiciary; separation of powers; and the protection of political, intellectual and economic liberties. Siegan also includes a suggested model constitution.

Author Biography

Bernard H. Siegan is distinguished professor of law at the University of San Diego School of Law.

Table of Contents

Introduction	p. 1
United States Constitutional Experience	p. 5
Authority v. Liberty	p. 5
Separation of Powers	p. 7
Powers of and Restraints on the Legislature and the President	p. 11
Confining the Legislature	p. 11
Powers of the President	p. 14
The President's Power of Veto	p. 14
Power of Appointment	p. 15
Power to Pardon Wrongdoers	p. 16
The Role of a President Under a Parliamentary System	p. 16
Administrative Agencies	p. 19
The Judiciary	p. 21
The Judicial Function	p. 21
Protection of Both Enumerated and Unenumerated Rights	p. 24
Protection of Liberty	p. 28
Communist Constitutions	p. 30
The New Czech and Slovak Charter	p. 31
Bulgarian Constitution	p. 32
The Proposed Ukrainian Constitution	p. 34
Judicial Rules for the Protection of Liberty	p. 37
Property Rights and Economic Liberties	p. 45
Provisions on Condemnation and Regulation United States Experience Limiting the Legislature	p. 50
Regulating Economic Activity United States Experience Limiting the Legislature	p. 59
Provisions on Taxation and Spending	p. 62
Protecting Solely Liberties and Not Entitlements	p. 65
Amending the Constitution	p. 69
Concluding Observations	p. 71
Notes	p. 73
Appendix I - Suggested Model Constitution for Emerging Nations and Republics	p. 81
Appendix II - United States Constitution	p. 95
Index	p. 115
About the Author	p. 121
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