Author: Stephen A. Simon
Publisher: SUNY Press
Innovative examination of the tensions between universal and more uniquely American definitions of cherished rights. Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.
Author: Robert L Maddex
Publisher: CQ Press
Features articles on important concepts, documents, individuals, agencies, and organizations and their influence on civil rights.
How to Critique and Change the US Constitution
Author: Keri E. Iyall Smith,Louis Edgar Esparza,Judith R. Blau
Category: Social Science
Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These—the oldest governing documents still in use in the world—urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.
Author: Alexander Andrew Mackay Irvine Baron Irvine of Lairg,Derry Irvine
Publisher: Hart Publishing
This is a selection of Lord Irvine's major lectures and articles since 1995. It surveys the constitutional revolution that has taken place in Britain since the Labour Government came to power in 1997, taking in devolution and House of Lords reform, but with a particular focus on human rights. Lord Irvine also considers the development and practice of public and administrative law, and the constitutional role of the British judiciary and the Lord Chancellor within the separation of powers. Alongside forays into criminal, commercial, and medical law, the collection also embraces an international perspective, with essays on the influence in Britain of European law; comparative analyses of key aspects of English, American and French jurisprudence; and a discussion of the continuing relevance of Magna Carta in Britain and Australia.
From Theory to Practice
Author: Wolfgang Benedek
Publisher: Martinus Nijhoff Publishers
Category: Political Science
A. Dayton Peace Agreement.
History, Interpretation, and Practice
Author: Sibyl A. Schwarzenbach,Patricia Smith
Publisher: Columbia University Press
Women and the U.S. Constitution is about much more than the nineteenth amendment. This provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women. Divided into three parts—History, Interpretation, and Practice—this book views the Constitution as a living document, struggling to free itself from the weight of a two-hundred-year-old past and capable of evolving to include women and their concerns. Feminism lacks both a constitutional theory as well as a clearly defined theory of political legitimacy within the framework of democracy. The scholars included here take significant and crucial steps toward these theories. In addition to constitutional issues such as federalism, gender discrimination, basic rights, privacy, and abortion, Women and the U.S. Constitution explores other issues of central concern to contemporary women—areas that, strictly speaking, are not yet considered a part of constitutional law. Women's traditional labor and its unique character, and women and the welfare state, are two examples of topics treated here from the perspective of their potentially transformative role in the future development of constitutional law.
Publisher: Sweet & Maxwell
Category: Human rights
This publication is an essential guide for general counsel and law firms to the changing world of human rights and its importance for global business. The book highlights the growing relationship between human rights and global business and the developing international focus on the issue, particularly as a result of recent United Nations initiatives. Providing detailed commentary from leading international law firms, this first edition focuses on the legal accountability and due diligence responsibilities of corporates based in many of the world's most developed jurisdictions for human rights compliance by their overseas operations.
Author: Rainer Arnold
Publisher: Springer Science & Business Media
Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.
An Uneasy Relationship?
Author: 'Abd Allah Ahmad Na'im,Abdullahi A. An-Na'im,Jerald D. Gort,Henry Jansen
Morality by Johannes S. Reinders
Author: Janet McLean
Publisher: Hart Publishing
Papers presented at a conference held in Wellington, 17-18th July 1998, under the auspices of the New Zealand Institute of Public Law at the Faculty of Law, Victoria University of Wellington.
A History of the Idea of Human Rights and Comparison of the United Nations Universal Declaration of Human Rights with United States Federal and State Constitutions
Author: Joseph Wronka
Publisher: University Press of America
Previous edition, 1st, published in 1992.
Author: Pinghua Sun
Publisher: Springer Science & Business Media
In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.
Essays in Theology, Ethics and Education
Author: Karin Sporre
Publisher: Waxmann Verlag
Category: Biography & Autobiography
Our human dignity can be taken from us in unjust relationships, which makes resistance and a search for dignity necessary. This search can take place in different ways – in this book through academic studies in theology, ethics and education. Human dignity relates to human rights, which are also explored here; moreover, perspectives from gender and postcolonial theory inform the studies. The reflection on human dignity ends in a discussion of education, making the book a resource in addressing contemporary value issues in education. This collection of lectures, articles and papers covers a certain time period. In the texts particular themes recur, which contributes to continuity and coherence. The focus of more recently written chapters takes the discussion in new directions. Karin Sporre, with a PhD in Ethics from Lund University, Sweden, is Professor in Education focusing on values, gender and diversity at Umeå University, Sweden. Since 2001 she has been actively engaged in co-operation with South African colleagues. This has inspired comparison between South Africa and Sweden, exemplified in some of the chapters in her book "In Search of Human Dignity".