Download or read book Securing Constitutional Democracy written by James E. Fleming and published by University of Chicago Press. This book was released on 2006-10-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is more embattled during modern times than any other. Debate over its meaning, scope, and constitutional status is so widespread that it all but defines the post-1960s era of constitutional interpretation. Conservative Robert Bork called it "a loose canon in the law," while feminist Catharine MacKinnon attacked it as the “right of men to be left alone to oppress women.” Can a right with such prominent critics from across the political spectrum be grounded in constitutional law? In this book, James Fleming responds to these controversies by arguing that the right to privacy or autonomy should be grounded in a theory of securing constitutional democracy. His framework seeks to secure the basic liberties that are preconditions for deliberative democracy—to allow citizens to deliberate about the institutions and policies of their government—as well as deliberative autonomy—to enable citizens to deliberate about the conduct of their own lives. Together, Fleming shows, these two preconditions can afford everyone the status of free and equal citizenship in our morally pluralistic constitutional democracy.
Download or read book Local Government Autonomy written by Michael E. Libonati and published by . This book was released on 1993 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sub State Governance through Territorial Autonomy written by Markku Suksi and published by Springer Science & Business Media. This book was released on 2011-07-17 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.
Download or read book Democratic Autonomy written by Henry S. Richardson and published by Oxford University Press, USA. This book was released on 2002 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Henry Richardson builds a convincing case for a qualified populism and for a strong form of deliberative democracy based on liberal and republican premises.
Download or read book Practising Self Government written by Yash Ghai and published by Cambridge University Press. This book was released on 2013-08-29 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how the constitutional frameworks for autonomies around the world really work.
Download or read book Autonomy and Self Determination written by Peter Hilpold and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy. Autonomy and Self-Determinationoffers readers both an overview of the status quo of legal discussions on the topic and an identification of the most important elements of discussion that could direct future legal developments in this field. This is done through the examination of key issues in abstract and in relation to specific cases such as Catalonia, Italy and Scotland. The book extends past a simple assessment of issues of autonomy and self-determination according to a traditional legal viewpoint, and rather argues that utopian international law ideas are the breeding ground for norms and legal institutions of the future. This insightful book will be an invaluable read for international lawyers and political science scholars. It provides a clear, yet detailed, analysis of the issues Europe is facing regarding autonomy and self-determination in the face of historical context, also making it a useful tool for European history scholars. Contributors include:X. Arzoz, A. Beauséjour, P. Hilpold, H. Hofmeister, E. López-Jacoiste, R. Müllerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D. Turp
Download or read book Autonomy Consent and the Law written by Sheila A.M. McLean and published by Routledge. This book was released on 2009-09-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion that consent based on the concept of autonomy, underpins a good or beneficent medical intervention is deeply rooted in the jurisprudence of most countries throughout the world. Autonomy, Consent and the Law examines these notions in the UK, Australia and the US, and critiques the way in which autonomy and consent are treated in bioethics and law.
Download or read book Constitutional Autonomy written by K. K. Wadhwa and published by . This book was released on 2001 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Comparative Legal Analysis of State Constitutional Autonomy Provisions for Public Colleges and Universities written by Neal H.. Hutchens and published by . This book was released on 2011 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study contributes to our understanding of state constitutional provisions designed to provide constitutional authority for state college and university governing boards to direct the internal affairs of institutions under their control. In these states, independent constitutional authority for public colleges and universities is meant to limit excessive political interference from other parts of state government (Beckham, 1977, 1978; Glenny & Dalglish, 1973). This authority granted to governing boards of public colleges and universities is commonly referred to as constitutional autonomy (Beckham, 1977, 1978; McKnight, 2004). While constitutional language serves as the initial grant of internal control, court cases interpreting the provisions determine to a significant extent the legally recognized constitutional authority exercised by these governing boards (Beckham, 1977, 1978; Glenny & Dalglish, 1973). This study builds on the work of Beckham (1977, 1978) to update the current legal status of constitutional autonomy. The study shows that Michigan, California and Minnesota continue as the states with the most substantial legal recognition of constitutional autonomy. Court decisions in six states (Louisiana, Montana, Nevada, New Mexico, North Dakota and Oklahoma) and attorney general opinions in Idaho confirm the existence of moderate to limited constitutional authority for public higher education governing boards. A substantially restricted form of constitutional autonomy may exist in Nebraska and South Dakota. In Florida and Georgia, the legal status of constitutional autonomy is ambiguous. The status of constitutional autonomy was still not completely settled in the four states of Alabama, Alaska, Hawaii and Mississippi, but cases suggest judicial recognition of constitutional autonomy in these states unlikely. For Arizona, Colorado, Missouri and Utah, legal opinions reflect judicial rejection of constitutional autonomy. In addition to assessing whether case law suggests strong, weak or ambiguous judicial treatment of constitutional autonomy or outright rejection of the legal doctrine, the study also analyzes constitutional autonomy cases using the concepts of procedural and substantive autonomy derived from the higher education literature. This analysis indicates that the concepts of procedural and substantive autonomy provide a useful analytical lens to better understand the impact of the legal doctrine on institutional autonomy.
Download or read book The Global Model of Constitutional Rights written by Kai Möller and published by OUP Oxford. This book was released on 2012-10-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy: a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.
Download or read book Constitutional Autonomy written by Joseph Beckham and published by . This book was released on 1977 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Documents on Autonomy and Minority Rights written by Hurst Hannum and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of arrangements which provide for some degree of "autonomy" is almost unlimited, as are the norms and means which have been adopted to protect minority rights. Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments. The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context. No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years. At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither "sovereignty" nor "self-determination" need stand in the way of innovative solutions.
Download or read book Public Universities State Agencies and the Law written by Lyman A. Glenny and published by Berkeley : Center for Research and Development in Higher Education, University of California. This book was released on 1973 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book To Secure These Rights written by Scott Douglas Gerber and published by NYU Press. This book was released on 1996-09 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Download or read book Beyond Autonomy written by Tracy B. Fenwick and published by BRILL. This book was released on 2021-03-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.
Download or read book Constitutional Dynamics in Federal Systems written by Michael Burgess and published by McGill-Queen's Press - MQUP. This book was released on 2012 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: How sub-national constitutions influence constitutional change and adaptation in federations.
Download or read book Basic Documents on Autonomy and Minority Rights written by Hurst Hannum and published by Martinus Nijhoff Publishers. This book was released on 1993-03-29 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: 16, 37, 81, 82, 182-184).
