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Book Weak Courts  Strong Rights

Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Book The New Constitutional Order

    Book Details:
  • Author : Mark Tushnet
  • Publisher : Princeton University Press
  • Release : 2009-02-09
  • ISBN : 1400825555
  • Pages : 277 pages

Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.

Book Empirical Research in Education

Download or read book Empirical Research in Education written by Gilbert de Landsheere and published by Paris, France : Unesco. This book was released on 1982 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: IBE-UNESCO pub. Report evaluating recent trends in educational research and experimental schooling - examines historical and theoretical aspects of empirical research, considers the role of cultural factors in the learning process, aspects of curriculum development, and attainment appraisal, discusses various research projects, and includes a directory of research centres. Diagrams and references.

Book The Constitution of Deliberative Democracy

Download or read book The Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.

Book The Legal Foundations of Inequality

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Book Latin American Constitutionalism 1810 2010

Download or read book Latin American Constitutionalism 1810 2010 written by Roberto Gargarella and published by . This book was released on 2013-08-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

Book Aspects of Medical Care Administration

Download or read book Aspects of Medical Care Administration written by Avedis Donabedian and published by . This book was released on 1973 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Bilingual and Multicultural Education

Download or read book Bilingual and Multicultural Education written by Stan Shapson and published by Multilingual Matters. This book was released on 1984 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a conceptualisation of bilingual (French-English) and multicultural education. Its main purposes are to synthesise recent responses to bilingual and multicultural education; to identify the issues arising out of the schools' responses to these new challenges; and to examine future directions for educational policy.

Book Tracking Medicine

    Book Details:
  • Author : John E. Wennberg
  • Publisher : Oxford University Press
  • Release : 2010-08-26
  • ISBN : 0199830851
  • Pages : 341 pages

Download or read book Tracking Medicine written by John E. Wennberg and published by Oxford University Press. This book was released on 2010-08-26 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a groundbreaking figure of modern medical study, Tracking Medicine is an eye-opening introduction to the science of health care delivery, as well as a powerful argument for its relevance in shaping the future of our country. An indispensable resource for those involved in public health and health policy, this book uses Dr. Wennberg's pioneering research to provide a framework for understanding the health care crisis; and outlines a roadmap for real change in the future. It is also a useful tool for anyone interested in understanding and forming their own opinion on the current debate.

Book International Relations

Download or read book International Relations written by Rainer Baumann and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of international relations has been shaped by a sequence of 'Great Debates', in which leading scholars of the field advanced, challenged, and defended views about the assumptions that should inform the study of world politics. In this authoritative collection, the editors bring together for the first time the most important contributions to these inspiring intellectual exchanges and provide an excellent overview of the discipline's development since its inception in the early 20th century. Students and scholars in international relations as well as neighboring disciplines will find this title to be an indispensable and highly informative source of reference.

Book The Future of Development

Download or read book The Future of Development written by Gustavo Esteva and published by Policy Press. This book was released on 2013-10-09 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: On January 20, 1949 US President Harry S. Truman officially opened the era of development. On that day, over one half of the people of the world were defined as "underdeveloped" and they have stayed that way ever since. This book explains the origins of development and underdevelopment and shows how poorly we understand these two terms. It offers a new vision for development, demystifying the statistics that international organizations use to measure development and introducing the alternative concept of buen vivir: the state of living well. The authors argue that it is possible for everyone on the planet to live well, but only if we learn to live as communities rather than as individuals and to nurture our respective commons. Scholars and students of global development studies are well-aware that development is a difficult concept. This thought-provoking book offers them advice for the future of development studies and hope for the future of humankind.

Book An Introduction to Quality Assurance in Health Care

Download or read book An Introduction to Quality Assurance in Health Care written by Avedis Donabedian and published by Oxford University Press. This book was released on 2002-12-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Avedis Donabedian's name is synonymous with quality of medical care. He unraveled the mystery behind the concept by defining it in clear operational terms and provided detailed blueprints for both its measurement(known as quality assessment) and its improvement(known as quality assurance). Many before him claimed that quality couldn't be defined in concrete objective terms. He demonstrated that quality is an attribte of a system which he called structure, a set of organized activities whihc he called process, and an outcome which results from both. In this book Donabedian tells the full story of quality assessment and assurance in simple, clear terms. He defines the meaning of quality, explicates its components, and provides clear and systematic guides to its assessment and enhancement. His style is lucid, succinct, systematic and yet personal, almost conversational.

Book What Good is Punctuation

Download or read book What Good is Punctuation written by Wallace L. Chafe and published by . This book was released on 1987 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Unquiet Dead

Download or read book The Unquiet Dead written by Edith Fiore, Ph.D. and published by Ballantine Books. This book was released on 1995-03-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Noted psychologist Dr. Edith Fiore explains how to detect spirit possession in yourself and others, how to protect yourself from entities, how to release your home from displaced spirits, and how to perform a depossession. Filled with shocking case histories.

Book The Imperial Mode of Living

Download or read book The Imperial Mode of Living written by Ulrich Brand and published by Verso Books. This book was released on 2021-01-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Unsustainable Life: Why We Can't Have Everything We Want With the concept of the Imperial Mode of Living, Brand and Wissen highlight the fact that capitalism implies uneven development as well as a constant and accelerating universalisation of a Western mode of production and living. The logic of liberal markets since the 19thCentury, and especially since World War II, has been inscribed into everyday practices that are usually unconsciously reproduced. The authors show that they are a main driver of the ecological crisis and economic and political instability. The Imperial Mode of Living implies that people's everyday practices, including individual and societal orientations, as well as identities, rely heavily on the unlimited appropriation of resources; a disproportionate claim on global and local ecosystems and sinks; and cheap labour from elsewhere. This availability of commodities is largely organised through the world market, backed by military force and/or the asymmetric relations of forces as they have been inscribed in international institutions. Moreover, the Imperial Mode of Living implies asymmetrical social relations along class, gender and race within the respective countries. Here too, it is driven by the capitalist accumulation imperative, growth-oriented state policies and status consumption. The concrete production conditions of commodities are rendered invisible in the places where the commodities are consumed. The imperialist world order is normalized through the mode of production and living.

Book Performance Measurement for Health System Improvement

Download or read book Performance Measurement for Health System Improvement written by Peter C. Smith and published by Cambridge University Press. This book was released on 2010-01-07 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where there is increasing demand for the performance of health providers to be measured, there is a need for a more strategic vision of the role that performance measurement can play in securing health system improvement. This volume meets this need by presenting the opportunities and challenges associated with performance measurement in a framework that is clear and easy to understand. It examines the various levels at which health system performance is undertaken, the technical instruments and tools available, and the implications using these may have for those charged with the governance of the health system. Technical material is presented in an accessible way and is illustrated with examples from all over the world. Performance Measurement for Health System Improvement is an authoritative and practical guide for policy makers, regulators, patient groups and researchers.

Book The Ethics of Human Rights

Download or read book The Ethics of Human Rights written by Carlos Santiago Nino and published by Oxford University Press, USA. This book was released on 1991 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4.2. The Liberal Retreat