Search Results: universal-rights-and-the-constitution

Universal Rights and the Constitution

Author: Stephen A. Simon

Publisher: SUNY Press

ISBN: 1438451857

Category: Law

Page: 196

View: 582

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.

Human Rights Of, By, and For the People

How to Critique and Change the US Constitution

Author: Keri E. Iyall Smith,Louis Edgar Esparza,Judith R. Blau

Publisher: Routledge

ISBN: 1315469995

Category: Social Science

Page: 216

View: 8514

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.

Political Repression

Courts and the Law

Author: Linda Camp Keith

Publisher: University of Pennsylvania Press

ISBN: 9780812207033

Category: Law

Page: 336

View: 466

The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bill of rights, democratic processes and institutions, and increasingly, a judicial check on state power to protect human rights. While the progress toward universal formal adherence to this global model is remarkable, Linda Camp Keith argues that the substantive meaning of this progress is much less clear. In Political Repression, she seeks to answer two key questions: Why do states make formal commitments to democratic processes and human rights? What effect do these commitments have on actual state behavior, especially political repression? The book begins with a thorough exploration of a variety of tools of state repression and presents evidence for substantial formal acceptance of international human rights norms in constitutional documents as well as judicial independence. Keith finds that these institutions reflect the diffusion of global norms and standards, the role of transnational networks of nongovernmental organizations, and an electoral logic in which regimes seek to protect their future interests. Economic liberalism, on the other hand, decreases the likelihood that states adopt or maintain these provisions. She demonstrates that the level of judicial independence is influenced by constitutional structures and that levels of judicial independence subsequently achieved in turn diminish the probability of state repression of a variety of rights. She also finds strong evidence that rights provisions may indeed serve as a constraint on state repression, even when controlling for many other factors.

Human Rights in the Constitutional Law of the United States

Author: Michael J. Perry

Publisher: Cambridge University Press

ISBN: 1107292654

Category: Political Science

Page: N.A

View: 4464

In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.

The Penguin Guide to the United States Constitution

A Fully Annotated Declaration of Independence, U.S. Constitution and Amendments, and Selections from The Federalist Papers

Author: Richard Beeman

Publisher: Penguin

ISBN: 110145900X

Category: Political Science

Page: 224

View: 5332

What is the President, Congress, and the Supreme Court really allowed to do? This unique and handy guide includes the documents that guide our government, annotated with accessible explanations from one of America's most esteemed constitutional scholars. Known across the country for his appearance on The Daily Show with Jon Stewart, Professor Richard Beeman is one of the nation's foremost experts on the United States Constitution. In this book, he has produced what every American should have: a compact, fully annotated copy of the Declaration of Independence, the Constitution and amendments, all in their entirety. A marvel of accessibility and erudition, the guide also features a history of the making of the Constitution with excerpts from The Federalist Papers and a look at crucial Supreme Court cases that reminds us that the meaning of many of the specific provisions of the Constitution has changed over time. "Excellent . . . valuable and judicious." -Jill Lepore, The New Yorker

The Promise of Human Rights

Constitutional Government, Democratic Legitimacy, and International Law

Author: Jamie Mayerfeld

Publisher: University of Pennsylvania Press

ISBN: 0812248163

Category: Law

Page: 336

View: 2044

Jamie Mayerfeld defends international human rights law as a necessary extension of domestic checks and balances and therefore essential to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.

Human Rights in the Global Information Society

Author: Rikke Frank Jørgensen

Publisher: MIT Press

ISBN: 0262101157

Category: Computers

Page: 324

View: 564

Papers originally presented at the World Summit on the Information Society, November 2005.

Canada in the World

Comparative Perspectives on the Canadian Constitution

Author: Richard Albert,David R. Cameron

Publisher: Cambridge University Press

ISBN: 1108359302

Category: Law

Page: 470

View: 2048

In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.

Magna Carta

Author: Anonymous

Publisher: Sovereign via PublishDrive

ISBN: 1909676519

Category: History

Page: 30

View: 8572

The Magna Carta, issued in 1215 by King John. 'No free man shall be seized or imprisoned, or stripped of his rights or possessions ... except by the lawful judgement of his peers...To no one will we sell, to no one deny or delay right or justice.' Although not originally intended as a bill of rights, Magna Carta was used in these terms whenever people's liberties were challenged and is celebrated today as England's eary form of democracy. The continuing symbolic significance of Magna Carta was shown when the universal Declaration of Human Rights was presented to the United Nations in 1948 as a 'Magna Carta for the future'.

A World Made New

Eleanor Roosevelt and the Universal Declaration of Human Rights

Author: Mary Ann Glendon

Publisher: Random House

ISBN: 9780375506925

Category: History

Page: 368

View: 2787

A World Made New tells the dramatic story of the struggle to build, out of the trauma and wreckage of World War II, a document that would ensure it would never happen again. There was an almost religious intensity to the project, championed by Eleanor Roosevelt under the aegis of the newly formed United nations and brought into being by an extraordinary group of men and women who knew, like the framers of the Declaration of Independence, that they were making history. They worked against the clock, the brief window between the end of World War II and the deep freeze of the cold war, to forget the founding document of the modern rights movement. A distinguished professor of international law, Mary Ann Glendon was given exclusive access to personal diaries and unpublished memoirs of key participants. An outstanding work of narrative history, A World Made New is the first book devoted to this crucial moment in Eleanor Roosevelt's life and in world history.

Feminist Constitutionalism

Global Perspectives

Author: Beverley Baines,Daphne Barak-Erez,Tsvi Kahana

Publisher: Cambridge University Press

ISBN: 0521761573

Category: Law

Page: 477

View: 8752

Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

A Theory of Universal Democracy

Beyond the End of History

Author: L. Ali Khan

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041120038

Category: Law

Page: 274

View: 6309

A Theory of Universal Democracy empowers cultures and communities across the world to custom design democracy in consonance with their traditional values. For example, the book makes concrete proposals for Muslim countries to democratize their constitutions without accepting Western values and without violating the principles of Islamic law. More importantly, Universal Democracy further develops the idea of Free State, which the author first presented in his previous book, The Extinction of Nation-States (Kluwer, 1996). The proposed fusion of Universal Democracy and Free State is designed to revolutionize the classical theory of government and to offer a new paradigm that accommodates both universality and uniqueness. Scholars, teachers and students of international law, constitutional law, legal theory, and Islamic law will find this book a source of valuable ideas.

Christian Human Rights

Author: Samuel Moyn

Publisher: University of Pennsylvania Press

ISBN: 0812292774

Category: Political Science

Page: 264

View: 2602

In Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.

Human Rights Under the Indian Constitution

The Philosophy and Judicial Gerrymandering

Author: Piarey Lal Mehta,Neena Verma

Publisher: Deep & Deep Pub

ISBN: N.A

Category: Political Science

Page: 221

View: 9302

The Right to Privacy

Author: Samuel D. Brandeis, Louis D. Warren

Publisher: BoD – Books on Demand

ISBN: 3732645487

Category: Fiction

Page: 40

View: 7887

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Conscience and the Constitution

History, Theory, and Law of the Reconstruction Amendments

Author: David A. J. Richards

Publisher: Princeton University Press

ISBN: 1400863562

Category: Law

Page: 308

View: 9361

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Decolonization and the Evolution of International Human Rights

Author: Roland Burke

Publisher: University of Pennsylvania Press

ISBN: 9780812205329

Category: Political Science

Page: 240

View: 8906

In the decades following the triumphant proclamation of the Universal Declaration of Human Rights in 1948, the UN General Assembly was transformed by the arrival of newly independent states from Asia, Africa, and the Middle East. This diverse constellation of states introduced new ideas, methods, and priorities to the human rights program. Their influence was magnified by the highly effective nature of Asian, Arab, and African diplomacy in the UN human rights bodies and the sheer numerical superiority of the so-called Afro-Asian bloc. Owing to the nature of General Assembly procedure, the Third World states dominated the human rights agenda, and enthusiastic support for universal human rights was replaced by decades of authoritarianism and an increasingly strident rejection of the ideas laid out in the Universal Declaration. In Decolonization and the Evolution of International Human Rights, Roland Burke explores the changing impact of decolonization on the UN human rights program. By recovering the contributions of those Asian, African, and Arab voices that joined the global rights debate, Burke demonstrates the central importance of Third World influence across the most pivotal battles in the United Nations, from those that secured the principle of universality, to the passage of the first binding human rights treaties, to the flawed but radical step of studying individual pleas for help. The very presence of so many independent voices from outside the West, and the often defensive nature of Western interventions, complicates the common presumption that the postwar human rights project was driven by Europe and the United States. Drawing on UN transcripts, archives, and the personal papers of key historical actors, this book challenges the notion that the international rights order was imposed on an unwilling and marginalized Third World. Far from being excluded, Asian, African, and Middle Eastern diplomats were powerful agents in both advancing and later obstructing the promotion of human rights.

The Invisible Constitution of Politics

Contested Norms and International Encounters

Author: Antje Wiener

Publisher: N.A

ISBN: N.A

Category: Law

Page: 253

View: 6233

This book focuses on the contested meanings of norms in a world of increasing international encounters.

Human Rights of Migrants in the 21st Century

Author: Elspeth Guild,Stefanie Grant,C. A. Groenendijk

Publisher: Routledge

ISBN: 1351382799

Category: Political Science

Page: 96

View: 1359

This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.

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