Download or read book Human Rights Constitutional Law and the Development of the English Legal System written by Alexander Andrew Mackay Irvine Baron Irvine of Lairg and published by Hart Publishing. This book was released on 2003-12-31 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book documents Lord Irvine's lectures and articles and contributes to the debate on Human Rights, Constitutional Law and the English Legal System.
Download or read book Common Law Constitutional Rights written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.
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 455 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 Human Rights in the Constitutional Law of the United States written by Michael J. Perry and published by Cambridge University Press. This book was released on 2013-07-08 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. Some of that morality - the morality of human rights - has become entrenched in the constitutional law of the United States. This book explicates the morality of human rights and elaborates three internationally recognized human rights that are embedded in US constitutional law: the right not to be subjected to cruel, inhuman or degrading punishment; the right to moral equality; and the right to religious and moral freedom. The implications of one or more of these rights for three great constitutional controversies - capital punishment, same-sex marriage and abortion - are discussed in-depth. Along the way, Michael J. Perry addresses the question of the proper role of the Supreme Court of the United States in adjudicating these controversies.
Download or read book Comparative Human Rights Law written by Sandra Fredman and published by Oxford University Press, USA. This book was released on 2018 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
Download or read book Using Human Rights Law in English Courts written by Murray Hunt and published by Hart Publishing. This book was released on 1998-02-19 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the scope that already exists for using international human rights law in English courts.
Download or read book The U S Supreme Court and the Domestic Force of International Human Rights Law written by Stephen A. Simon and published by Lexington Books. This book was released on 2016-07-25 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the debate over the domestic force of international human rights law through the U.S. Supreme Court’s jurisprudence. By approaching the topic from the justices’ vantage point, the analysis shows how multiple controversies are linked to the same overarching question and reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.
Download or read book Principled Reasoning in Human Rights Adjudication written by Se-shauna Wheatle and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Download or read book Justice in the United States written by Judith R. Blau and published by Rowman & Littlefield. This book was released on 2006 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: All populations, including people living in the United States experience new vulnerabilities with globalization. Peoples' jobs are threatened; there are pressures to migrate; and environmental degradation is epidemic. Immense wealth is concentrated in the hands of a tiny elite. Other countries have revised their constitutions to protect their citizens from these turbulent forces. The US is a major exception, and this book proposes how Americans might think about constitutional revisions.
Download or read book Human Rights Law written by Howard Davis and published by Oxford University Press, USA. This book was released on 2007 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers all the core areas of human rights law, combining an engaging approach with helpful learning features and plenty of headings to make this an ideal text for those new to the subject Summaries, definitions, discussion topics and further reading references are integrated throughout the text and presented in a fresh colour design to illuminate legal complexities and highlight essential concepts Reflective questions are included at the end of each chapter, with suggested key issues for consideration provided on the book's accompanying website. These encourage students to reinforce their learning and foster best practice in developing a reasoned and structured approach to problem solving An accompanying website provides updates on case law and legislative developments as well as an interactive test bank of multiple choice questions to help students consolidate their knowledge Fresh two-colour text design makes the book easy to navigate and highlights cross references and learning features Human Rights Law is written in an engaging and lively manner with an emphasis on explaining the key topics covered on human rights law courses with clarity. No previous knowledge of the subject is assumed but the book provides a thorough introduction to the Human Rights Act 1998 and the way in which the Act gives effect to the European Convention on Human Rights. It looks at the main terms and implications of the convention rights themselves, highlighting some of the more complex and controversial issues of the subject.
Download or read book The Complete Bill of Rights written by Neil H. Cogan and published by Oxford University Press. This book was released on 2015-06-30 with total page 1450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law. Now in its second edition, The Complete Bill of Rights contains double the content featured in the first edition. This new edition includes all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates, including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today. The book also contains each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 substantially expands on the previous edition, providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied. The Complete Bill of Rights is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.
Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by CQ Press. This book was released on 2015-08-28 with total page 2019 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial decisions are influenced by myriad political factors, from lawyers and interest groups, to the shifting sentiments of public opinion, to the ideological and behavioral inclinations of the justices. In Constitutional Law for a Changing America: Rights, Liberties, and Justice, Ninth Edition authors Lee Epstein and Thomas G. Walker show how these dynamics shape the development of constitutional doctrine. Known for fastidious revising and streamlining, the authors incorporate the latest scholarship in the fields of both political science and legal studies and offer rock-solid analysis of both classic and contemporary landmark cases, including key opinions handed down through the 2015 session. Filled with additional supporting material—photographs of the litigants, sidebars comparing the U.S. with other nations, and "Aftermath" boxes that tell the stories of the parties' lives after the Supreme Court has acted—the text encourages greater student engagement with the material and a more complete understanding of the American constitution.
Download or read book The Great Rights of Mankind written by Bernard Schwartz and published by Madison House Pub. This book was released on 1992 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at the development of the Bill of Rights, discusses English antecedents, and shows how the Bill of Rights works
Download or read book The Sovereignty of Human Rights written by Patrick Macklem and published by Oxford University Press. This book was released on 2015-08-20 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Download or read book An Approach to Rights written by C.P. Wellman and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Approach to Rights contains fifteen previously published but mostly inaccessible papers that together show the development of one of the more important contemporary theories of the nature, grounds and practical implications of rights. In a long retrospective essay, Carl Wellman explains what he was trying to accomplish in each paper, how far he believes that he succeeded and where he failed. Thus the author provides a critical perspective both on his own theory and on alternative theories from which he borrows, or that he rejects. These essays identify the problems any adequate theory of rights must solve, describe the more plausible solutions and weigh the merits of each. They will be of special interest to any reader concerned with legal theory, moral philosophy or any branch of applied ethics or social policy in which appeals to rights are frequently made but seldom rationally satisfactory.
Download or read book Dignity Rights written by Erin Daly and published by University of Pennsylvania Press. This book was released on 2020-10-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.
Download or read book The Age of Dignity written by Catherine Dupré and published by Bloomsbury Publishing. This book was released on 2016-02-11 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity's varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.
