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Universal Rights and the Constitution

Author: Stephen A. Simon

Publisher: SUNY Press


Category: Law

Page: 196

View: 236

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, Constitutional Law and the Development of the English Legal System

Selected Essays

Author: Alexander Andrew Mackay Irvine Baron Irvine of Lairg

Publisher: Hart Publishing


Category: Law

Page: 378

View: 562

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


Category: Political Science

Page: 247

View: 303

A. Dayton Peace Agreement.

Constitutional Government and Human Rights in a Developing Society

Author: Joseph A. L. Cooray



Category: Constitutional history

Page: 81

View: 108

Women and the U.S. Constitution

History, Interpretation, and Practice

Author: Sibyl A. Schwarzenbach

Publisher: Columbia University Press


Category: History

Page: 448

View: 307

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.

Human Rights, Gender and Environment

Author: Bijayalaxmi Nanda

Publisher: Allied Publishers


Category: Environmental protection

Page: 345

View: 221

Global Business and Human Rights

Jurisdictional Comparisons


Publisher: Sweet & Maxwell


Category: Human rights

Page: 414

View: 667

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 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


Category: History

Page: 304

View: 820

Previous edition, 1st, published in 1992.

Human Rights and Religious Values

An Uneasy Relationship?

Author: 'Abd Allah Ahmad Na'im

Publisher: Rodopi


Category: Religion

Page: 291

View: 952

Morality by Johannes S. Reinders

Property and the Constitution

Author: Janet McLean

Publisher: Hart Publishing


Category: Law

Page: 276

View: 495

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.

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