Patrick John McGinley Livres

The Constitution of the State of Florida creates Florida's state government and provides Home Rule powers to local governments. This law school casebook explores the separation of powers within and among these governmental units. Topics include government transparency and "sunshine" laws, powers of charter and noncharter counties, rights and duties regarding utilities and other governmental services, Florida's state court system, judicial power, executive power, legislative power, lawmaking and its limits, the separation of powers, delegation of powers, sovereign immunity, elections and suffrage, homestead, taxation and finance, criminal justice and procedure, constitutional amendments, due process, access to courts, and privacy. 575 pages. Published January 2020.

This 2019 update of a popular law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions