Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Download or read book Individual Rights and Liberties Under the U S Constitution written by Ioannis G. Dimitrakopoulos and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1141 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Individual Rights and Liberties Under the U.S. Constitution" offers an insightful and detailed summarization of the U.S. Supreme Court's case law to both American and European scholars and students alike.
Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Download or read book American Federalism and Individual Rights written by Stephanie Mora Walls and published by Rowman & Littlefield. This book was released on 2021-02-15 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of individual rights and the division of power between the national government and the states are core principles upon which American governance is built, but how well do these concepts work together and to what extent could they be at cross purposes? American Federalism and Individual Rights presents both of these founding concepts and explores their compatibility through policy-specific studies, including civil rights, education, marriage equality, and physician-assisted death. Written for anyone interested in American politics, the author presents all of the foundational information one would need to make their own assessment of how federalism works to either promote or undermine the protection of the individual in these policy areas along with suggestions for further study.
Download or read book Examples Explanations for Constitutional Law written by Alan Ides and published by Aspen Publishing. This book was released on 2021-12-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations for Constitutional Law: Individual Rights, Ninth edition, by Allan Ides, Christopher N. May, and Simona Grossi, provides a clearly written, comprehensive examination of constitutional doctrine pertaining to individual rights. This problem-oriented study guide provides students and teachers with a highly readable and accessible study of constitutional law. Both this book and its companion volume,¿Examples & Explanations for Constitutional Law: National Power and Federalism, combine detailed textual material with real-world examples and explanations that apply the relevant constitutional doctrine to specific fact patterns. The text operates as a readable and citable treatise on the topics covered, and the examples and explanations serve as an elaboration on that text. Its unique, time-tested Examples & Explanations pedagogy combines clear textual material with well-written, comprehensive and up-to-date examples, explanations, and questions. A favorite among law school students, and often recommended by professors, this guide takes students through the principal doctrines of constitutional law covered in a typical course that includes a study of individual rights. New to the Ninth Edition: Inclusion of nearly 50 new Supreme Court cases Updated Examples & Explanations Expanded discussion of the freedom of association Richer treatment of the right to keep and bear arms Professors and students will benefit from: Hypotheticals similar to those presented in class, with structure and reasoning behind the corresponding analysis An alternative perspective to help you understand your casebook and in-class lectures Straightforward, informal text that is never simplistic, and quickly gets to the point in conversational style laced with humor Adaptability with all major Constitutional Law casebooks Authors with over 70 years of combined experience teaching Constitutional Law
Download or read book Layman s Guide to Individual Rights Under the United States Constitution written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1962 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of numerous requests from citizens who wish to know their rights under our Constitution.
Download or read book Individual Rights and Liberties under the U S Constitution written by Ioannis G. Dimitrakopoulos and published by BRILL. This book was released on 2007-05-31 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Individual Rights and Liberties Under the U.S. Constitution references more than 2,500 U.S. Supreme Court opinions and covers ten major decisional areas: general issues of constitutional rights; procedural rights; personal inviolability and liberty; substantive guarantees against criminal or civil penalties; personal or family privacy and autonomy; searches and seizures; freedoms of conscience, thought, and religion; freedoms of speech, press, assembly, and association; substantive protection of property rights and economic interests; and equal protection. It also includes a comprehensive introductory chapter on the Supreme Court.
Download or read book Enforcing Equality written by Rebecca E Zietlow and published by NYU Press. This book was released on 2006-10 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
Download or read book Citizen s Guide to Individual Rights Under the Constitution of the United States of America written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1976 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Armed Conflict and Forcible Displacement written by Elena Katselli Proukaki and published by Routledge. This book was released on 2018-03-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the involuntary and arbitrary displacement of individuals resulting from armed conflict and gross human rights violations. It shows that forcible displacement constitutes a serious violation of international law and of fundamental community interests. Armed Conflict and Forcible Displacement provides a critical legal analysis of the contemporary international framework, permeating forcible displacement in these circumstances and explores the rights that individuals possess with specific focus on the right not to be displaced and, where this fails, the right to return home and to receive property restitution. In doing so, this volume marries together different fields of international law and builds on the case studies of Cyprus, Colombia, Cambodia and Syria. While the case studies considered here are far from exhaustive, they are either little explored or present significant challenges due to the magnitude of displacement or contested international jurisprudence. Through this analysis, the volume exposes some of the legal challenges that individuals encounter in being protected from forcible displacement, as well as the legal obstacles that persist in ensuring the return of and the recovery of property by the displaced. It will be of interest to those interested in the fields of international law, human rights law, as well as conflict and war studies.
Download or read book State Constitutional Law written by Jennifer Friesen and published by MICHIE. This book was released on 1999 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Individual Rights and the Making of the International System written by Christian Reus-Smit and published by Cambridge University Press. This book was released on 2013-08-29 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows the central role struggles over individual rights played in the development of today's global system of sovereign states.
Download or read book Human Rights Law and Personal Identity written by Jill Marshall and published by Routledge. This book was released on 2014-06-20 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.
Download or read book The Tuttle Twins Learn About The Law written by Connor Boyack and published by Libertas Press. This book was released on 2014-04-23 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, freedom-minded parents had no educational material to teach their children the concepts of liberty. The Tuttle Twins series of books helps children learn about political and economic principles in a fun and engaging manner. With colorful illustrations and a fun story, your children will follow Ethan and Emily as they learn about liberty!
Download or read book Individual Rights and the American Constitution written by Douglas W. Kmiec and published by . This book was released on 2004 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Five Rights of the Individual written by Philip Schuyler and published by iUniverse. This book was released on 2012-06-08 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US government makes 350 pages of new laws each day, including directives of policy that limit what an individual may do at home alone or with consenting adults. Such laws are intended to make people safer, healthier, or more productive, but they often violate the Five Rights because they sacrifice personal choices to some presumed greater good. Directives of policy may include laws that violate the rights to privacy or free speech; laws restricting abortion or physician-assisted suicide; restrictions on gun rights; prohibitions on unhealthy foods, cigarettes, alcohol, or drugs; laws that discriminate against gays; and laws that violate property rights. Drug prohibition laws have been the most damaging. Over the past 40 years, the US population grew 50 percent while its prison population grew 1,000 percent, due mostly to antidrug laws. There are now two million Americans in jail, half of whom didnt harm, coerce, or defraud anyone. The land of the free has one twentieth of the worlds population and one fifth of its prison population. Our incarceration rate is seven times that of European countries. No democracy has ever had such a large percentage of its people behind bars. Legalization of marijuana and decriminalization of other drugs would free hundreds of thousands of individuals, end prison overcrowding, and save billions of dollars now spent trying to enforce unenforceable laws. There would be less need for spying, wiretapping, and breaking down doors. Americans could stop thinking of the police as the enemy and vice-versa, permitting a renewal of respect for the Five Rights.
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
