Bills of Rights Before the Bill of Rights: Early State Constitutions and the American Tradition of Rights, 1776-1790, Galie Peter J., Bopst Christopher, Kirschner Bethany
Автор: Jo Shaw Название: People in Question: Citizens and Constitutions in Uncertain Times ISBN: 1529208890 ISBN-13(EAN): 9781529208894 Издательство: Marston Book Services Рейтинг: Цена: 105590.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.
Автор: Mathews, Jud (associate Professor Of Law, Pennsylvania State University School Of Law) Название: Extending rights` reach ISBN: 0190682914 ISBN-13(EAN): 9780190682910 Издательство: Oxford Academ Рейтинг: Цена: 71810.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Автор: Ana Melro, Lidia Oliveira Название: Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society ISBN: 1522583505 ISBN-13(EAN): 9781522583509 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 190350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: National constitutions allow citizens to exercise full citizenship rights, leading to a growing importance in understanding these laws. This knowledge, more widespread thanks to the ever-growing use of digital networks, allows for more enlightened national citizens in every corner of the world. Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society is a pivotal reference source that analyzes how constitutional awareness occurs in various countries and how citizenship participation is encouraged through the use of digital tools. While highlighting topics such as mobile security, transparency accountability, and constitutional awareness, this publication is ideally designed for professionals, students, academicians, and policymakers seeking current research on citizens' lack of awareness of their rights.
Автор: Tarr, G. Alan Williams, Robert F Marko, Joseph Название: Federalism, subnational constitutions, and minority rights ISBN: 0275980243 ISBN-13(EAN): 9780275980245 Издательство: Bloomsbury Рейтинг: Цена: 26730.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems.
This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes.
The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’.
The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law.
Anneli Albi is Professor of European Law at the University of Kent, United Kingdom.
Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Название: The People in Question: Citizens and Constitutions in Uncertain Times ISBN: 1529210429 ISBN-13(EAN): 9781529210422 Издательство: Marston Book Services Рейтинг: Цена: 35630.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Questions of citizenship and the role of constitutions in determining its boundaries are under scrutiny in this judicious and accessible analysis from Jo Shaw. With populism on the rise and debates about immigration intensifying, it draws on examples from around the world to set out the shifting boundaries of state inclusion and exclusion.
Автор: Zuckert, Michael P Название: Natural Rights Republic: Studies In The Foundation Of The American Political Tradition ISBN: 0268014876 ISBN-13(EAN): 9780268014872 Издательство: Wiley EDC Рейтинг: Цена: 30870.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In The Natural Rights Republic, renowned political theorist Michael P. Zuckert examines the natural rights philosophy as expressed in sources like the Declaration of Independence and aims to counter contemporary confusion by offering an insightful study of the concept that dominated the mindset of the founding generation of the United States.
Does the Chinese academic discourse on human rights differ from the official one as put forward by the Chinese government? How do Chinese legal theories justify the attribution of human rights and their protection through the law in the context of an authoritarian state? Do Chinese academic theorisations on rights and the law have any capacity to influence the wider public debate in China despite the ideological constraints and censorship imposed on academics by the party in power? In order to answer these questions, this book explores the theories of law and rights by contemporary Chinese legal scholars, paying particular attention to their views on the rule of law and the explanation of rights. It investigates the ways in which legal scholars have made use of arguments from the rediscovered Chinese traditional jurisprudence, the liberal tradition, and the Marxist-Leninist-Maoist canon.
Since at least the Middle Ages, the laws of war have distinguished between combatants and civilians under an injunction now formally known as the principle of distinction. The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction.
In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses—including gender, innocence, and civilization— have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity.
She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war.
As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.
Автор: Leckey Название: Bills of Rights in the Common Law ISBN: 1107680638 ISBN-13(EAN): 9781107680630 Издательство: Cambridge Academ Рейтинг: Цена: 35910.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Arguing that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate, Robert Leckey provides a detailed comparative account of how judges apply new bills of rights in Canada, South Africa and the United Kingdom, and how their practices deny justice to individuals.
Автор: Fallon R. Название: The Nature of Constitutional Rights ISBN: 1108703917 ISBN-13(EAN): 9781108703918 Издательство: Cambridge Academ Рейтинг: Цена: 29570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book explains what it means to have a constitutional right - which is often less than people think. It examines how, and why, rights can be outweighed by `compelling governmental interests`. Using historical examples, the book illuminates the nature of the judicial role in protecting genuinely meaningful rights.
Автор: Hiebert Название: Parliamentary Bills of Rights ISBN: 1107433703 ISBN-13(EAN): 9781107433700 Издательство: Cambridge Academ Рейтинг: Цена: 46470.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines how the New Zealand Bill of Rights Act and the UK`s Human Rights Act influence legislative decision-making and explores to what extent governmental and parliamentary behaviours have changed on key policy issues which present serious challenges for contemporary democracies in an age of rights.
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