Download or read book Fundamental Rights written by Milton Ridvas Konvitz and published by Transaction Publishers. This book was released on 2001 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. Â In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of such "fundamental rights." This volume is likely the first book on the subject and a pioneering work in the history of American constitutional law. Accessibly written for a general and scholarly audience, it will be of particular interest to political scientists, historians, and constitutional scholars.
Download or read book Process based Fundamental Rights Review written by Leonie M. Huijbers and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. This book offers an in-depth and nuanced understanding of process-based fundamental rights review which will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Download or read book Fundamental Rights in Europe written by Federico Fabbrini and published by Oxford University Press, USA. This book was released on 2014-02 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
Download or read book The Internet and Constitutional Law written by Oreste Pollicino and published by Routledge. This book was released on 2016-01-13 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Download or read book Making the Charter of Fundamental Rights a Living Instrument written by Giuseppe Palmisano and published by Hotei Publishing. This book was released on 2015-03-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.
Download or read book Reinforcing Rule of Law Oversight in the European Union written by Carlos Closa and published by Cambridge University Press. This book was released on 2016-10-13 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Download or read book Procedural Review in European Fundamental Rights Cases written by Janneke Gerards and published by Cambridge University Press. This book was released on 2017-03-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, courts adjudicate fundamental rights cases by applying substantive tests of reasonableness or proportionality. Increasingly, however, European courts are also expressly taking account of the quality of the procedure that has led up to a fundamental rights interference. Yet this procedural review is far from uncontroversial. There still is a lack of clarity as to what 'procedural review' really means, what its potential for judicial decision-making is, how it relates and should relate to substantive review, and what its limitations are. Featuring contributions from experts in the field, this book is the first in-depth study into procedural review, considering the theoretical and conceptual issues at play, as well as the applicability of procedural review in different legal systems. It will therefore be of great importance to scholars and practitioners interested in fundamental rights adjudication in Europe, judicial reasoning and procedural justice.
Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Rights written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2017-12-01 with total page 1108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court's opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into "assignments" and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Download or read book Corruption and Human Rights in India written by C. Raj Kumar and published by Oxford University Press. This book was released on 2011-08-12 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.
Download or read book Justice in Transactions written by Peter Benson and published by Belknap Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Download or read book General Principles of EU Law and the Protection of Fundamental Rights written by Chiara Amalfitano and published by Edward Elgar Publishing. This book was released on with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
Download or read book Interpretation of Fundamental Rights in a Multilevel Legal System written by Hanneke Senden and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but even more so for European judges operating in a multilevel context. The European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) are often criticized for delivering judgments that contain debatable choices, and they do not offer sufficient insight into the reasons which led to making these choices. Especially in a multilevel context, where the cooperation of national authorities plays an important role as regards the effectiveness of the European courts, it is important that interpretation methods and principles are used in a transparent manner so that the reasons that justify a specific interpretative choice are clear. This book analyzes the use of a selected number of interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU. The use of teleological, comparative, evolutive, and autonomous interpretation by the ECtHR and the CJEU are elaborately discussed on the basis of both legal theoretical literature and case law. The legal theoretical analysis provides the basis for various relevant questions, hypotheses, and (analytical) suggestions, that are further studied in the subsequent case law analysis. This leads to a thorough overview of the role of these interpretation methods and principles, as well as the possibilities for improvement. This volume has been written as a PhD thesis in the framework of the research project "Judicial Reasoning in Fundamental Rights Cases: National and European Perspectives." (Series: School of Human Rights Research - Vol. 46)
Download or read book Colombian Constitutional Law written by Manuel José Cepeda Espinosa and published by Oxford University Press. This book was released on 2017-02-27 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.
