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

Universal Rights and the Constitution

Author: Stephen A. Simon

Publisher: SUNY Press

ISBN: 1438451873

Category: Law

Page: 196

View: 1412

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 Under the Indian Constitution

The Philosophy and Judicial Gerrymandering

Author: Piarey Lal Mehta,Neena Verma

Publisher: Deep & Deep Pub


Category: Political Science

Page: 221

View: 8788

International Encyclopedia Of Human Rights: Freedoms, Abuses, and Remedies

Author: Robert L Maddex

Publisher: CQ Press

ISBN: 9781568024905

Category: Reference

Page: 450

View: 7974

Features articles on important concepts, documents, individuals, agencies, and organizations and their influence on civil rights.

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: 2057

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.

Allgemeine Erklärung der Menschenrechte

Author: N.A

Publisher: N.A

ISBN: 9783813503432


Page: 71

View: 916

Human Rights and the Law

Author: Paramjit S. Jaswal

Publisher: APH Publishing

ISBN: 9788170247296

Category: Law

Page: 395

View: 6600

In Indian context.

Human Rights, Constitutional Law and the Development of the English Legal System

Selected Essays

Author: Alexander Andrew Mackay Irvine Baron Irvine of Lairg,Derry Irvine

Publisher: Hart Publishing

ISBN: 1841134112

Category: Law

Page: 378

View: 3846

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.

Human Rights in Bosnia and Herzegovina After Dayton

From Theory to Practice

Author: Wolfgang Benedek

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110626

Category: Political Science

Page: 247

View: 7339

A. Dayton Peace Agreement.

Women and the U.S. Constitution

History, Interpretation, and Practice

Author: Sibyl A. Schwarzenbach,Patricia Smith

Publisher: Columbia University Press

ISBN: 0231502966

Category: History

Page: 448

View: 7726

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.

Global Business and Human Rights

Jurisdictional Comparisons

Author: N.A

Publisher: Sweet & Maxwell

ISBN: 0956544096

Category: Human rights

Page: 414

View: 1307

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.

Human Rights, Gender and Environment

Author: Bijayalaxmi Nanda

Publisher: Allied Publishers

ISBN: 9788184240023

Category: Environmental protection

Page: 345

View: 7236

The Universalism of Human Rights

Author: Rainer Arnold

Publisher: Springer Science & Business Media

ISBN: 9400745109

Category: Law

Page: 424

View: 3177

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.

Human Rights and Religious Values

An Uneasy Relationship?

Author: 'Abd Allah Ahmad Na'im,Abdullahi A. An-Na'im,Jerald D. Gort,Henry Jansen

Publisher: Rodopi

ISBN: 9789051837773

Category: Religion

Page: 291

View: 2181

Morality by Johannes S. Reinders

Property and the Constitution

Author: Janet McLean

Publisher: Hart Publishing

ISBN: 1841130559

Category: Law

Page: 276

View: 413

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.

Human Rights and Social Policy in the 21st Century

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

ISBN: 9780761810117

Category: History

Page: 304

View: 1492

Previous edition, 1st, published in 1992.

Report of the U. S. A. Submitted to the U. N. High Commissioner for Human Rights in Conjunction with the Universal Periodic Review

Author: Hillary Rodham Clinton

Publisher: DIANE Publishing

ISBN: 1437939015


Page: 29

View: 2489

Human Rights Protection System in China

Author: Pinghua Sun

Publisher: Springer Science & Business Media

ISBN: 3642396631

Category: Law

Page: 366

View: 8852

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.​

Universal's Guide to the Constitution of India

Author: Rajesh Kumar

Publisher: Universal Law Publishing

ISBN: 9789350350119


Page: N.A

View: 7965

In Search of Human Dignity

Essays in Theology, Ethics and Education

Author: Karin Sporre

Publisher: Waxmann Verlag

ISBN: 3830982410

Category: Biography & Autobiography

Page: 267

View: 1071

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".

Human Rights and the Police in India

Author: James Vadackumchery

Publisher: N.A

ISBN: 9788170247227

Category: 20c

Page: 194

View: 5737

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