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Book Participation and Democratic Innovation under International Human Rights Law

Download or read book Participation and Democratic Innovation under International Human Rights Law written by Nicholas McMurry and published by Taylor & Francis. This book was released on 2023-04-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.

Book The Right to Political Participation

Download or read book The Right to Political Participation written by Taylor & Francis Group and published by Routledge. This book was released on 2022-01-28 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument", that is, arguments related to democracy and political rights. The reasoning is that although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics and policymakers working in the areas of constitutional law, international human rights law and political economy.

Book The Incoherence of Human Rights in International Law

Download or read book The Incoherence of Human Rights in International Law written by Louisa Ashley and published by Taylor & Francis. This book was released on 2024-09-02 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples’ rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.

Book Democracy in a Global World

Download or read book Democracy in a Global World written by Deen K. Chatterjee and published by Rowman & Littlefield. This book was released on 2008 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this volume deal with timely issues regarding democracy in theory and in practice in today's globalized world. Authored by leading political philosophers of our time, they appear here for the first time. The essays challenge and defend assumptions about the role of democracy as a viable political and legal institution in response to globalization, keeping in focus the role of rights at the normative foundations of democracy in a pluralistic world.

Book Globalizing Democracy and Human Rights

Download or read book Globalizing Democracy and Human Rights written by Carol C. Gould and published by Cambridge University Press. This book was released on 2004-08-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her new book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions.The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Accessibly written with a minimum of technical jargon this is a major new contribution to political philosophy.

Book Democracy and Human Rights

    Book Details:
  • Author : Hans Köchler
  • Publisher : International Progress Organization
  • Release : 1990
  • ISBN : 9783900704087
  • Pages : 34 pages

Download or read book Democracy and Human Rights written by Hans Köchler and published by International Progress Organization. This book was released on 1990 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Democratic Innovation in the South

Download or read book Democratic Innovation in the South written by and published by . This book was released on 2008 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Democracy Reinvented

Download or read book Democracy Reinvented written by Hollie Russon Gilman and published by Brookings Institution Press. This book was released on 2016-01-05 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Participatory Budgeting—the experiment in democracy that could redefine how public budgets are decided in the United States. Democracy Reinvented is the first comprehensive academic treatment of participatory budgeting in the United States, situating it within a broader trend of civic technology and innovation. This global phenomenon, which has been called "revolutionary civics in action" by the New York Times, started in Brazil in 1989 but came to America only in 2009. Participatory budgeting empowers citizens to identify community needs, work with elected officials to craft budget proposals, and vote on how to spend public funds. Democracy Reinvented places participatory budgeting within the larger discussion of the health of U.S. democracy and focuses on the enabling political and institutional conditions. Author and former White House policy adviser Hollie Russon Gilman presents theoretical insights, indepth case studies, and interviews to offer a compelling alternative to the current citizen disaffection and mistrust of government. She offers policy recommendations on how to tap online tools and other technological and civic innovations to promote more inclusive governance. While most literature tends to focus on institutional changes without solutions, this book suggests practical ways to empower citizens to become change agents. Reinvesting in Democracy also includes a discussion on the challenges and opportunities that come with using digital tools to re-engage citizens in governance.

Book Human Rights

    Book Details:
  • Author : David Kinley
  • Publisher : Edward Elgar Publishing
  • Release : 2013-11-29
  • ISBN : 1781002754
  • Pages : 275 pages

Download or read book Human Rights written by David Kinley and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philos

Book Advanced Introduction to the Politics of International Human Rights

Download or read book Advanced Introduction to the Politics of International Human Rights written by David P. Forsythe and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: David P. Forsythe presents a compelling introduction to international human rights in a political context. He stresses the difficulties of interjecting human rights into foreign policy and international politics, while recognising the considerable progress that has been made over time. Focusing on international organizations, states, corporations, and private advocacy groups, Forsythe addresses key themes including war, migration, climate change, and slavery.

Book The Oxford Handbook of Public Accountability

Download or read book The Oxford Handbook of Public Accountability written by Mark Bovens and published by OUP Oxford. This book was released on 2014-05-15 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades public accountability has become not only an icon in political, managerial, and administrative discourse but also the object of much scholarly analysis across a broad range of social and administrative sciences. This handbook provides a state of the art overview of recent scholarship on public accountability. It collects, consolidates, and integrates an upsurge of inquiry currently scattered across many disciplines and subdisciplines. It provides a one-stop-shop on the subject, not only for academics who study accountability, but also for practitioners who are designing, adjusting, or struggling with mechanisms for accountable governance. Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies. In addition to giving an overview of scholarly research in a variety of disciplines, it takes stock of a wide range of accountability mechanisms and practices across the public, private and non-profit sectors, making this volume a must-have for both practitioners and scholars, both established and new to the field.

Book The Democratic Legitimacy of International Law

Download or read book The Democratic Legitimacy of International Law written by Steven Wheatley and published by Bloomsbury Publishing. This book was released on 2010-06-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.

Book Critical Theory and Democracy

Download or read book Critical Theory and Democracy written by Enrique Peruzzotti and published by Routledge. This book was released on 2012-11-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Andrew Arato’s democratic theory and its relevance to contemporary issues such as processes of democratization, civil society, constitution-making, and the modern Executive. Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of Arato ́s influence on contemporary political and social thought. The first section offers a comprehensive view of Arato’s scholarship from his early work on critical theory and Western Marxism to his current research on constitution-making and its application. The second section shifts its focus from the previous, comprehensive approach, to a much more specific one: Arato ́s widespread influence on the study of civil society in democratization processes in Latin America. The third section includes a previously unpublished work, ‘A conceptual history of dictatorship (and its rivals,)’ one of the few systematic interrogations on the meaning of a political form of fundamental relevance in the contemporary world. Critical Theory and Democracy will be of interest to critical and social theorists, and all Arato scholars.

Book Democratic Innovations

Download or read book Democratic Innovations written by Graham Smith and published by Cambridge University Press. This book was released on 2009-07-02 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines democratic innovations from around the world, drawing lessons for the future development of both democratic theory and practice.

Book Constituting Human Rights

Download or read book Constituting Human Rights written by and published by . This book was released on 2003 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global civil society and the society of democratic states are the two most inclusive and powerful global practices of our time. In this book Frost claims that, without an understanding of the role that individual human rights play in these practices, no adequate understanding of any major feature of contemporary world politics from 'globalization' to 'new wars' is possible. Therefore, Constituting Human Rights argues that a concern with human rights is essential to the study of international relations. Global civil society comprises those millions of people worldwide who claim first generation rights for themselves. By doing so they constitute one another as civilians. The language of rights used in this practice indicates that it is a practice that is open to all and without borders. Strikingly, the validity of claims made in it are not conceptually linked to any specific legal system or sovereign state. Within democratic states, however, the participants constitute one another as holders of citizenship rights, as people with a right to participate in self-government.; Frost holds that the rights claims made in this practice are only real insofar as they build on the civilian rights of the earlier practice. An understanding of the centrality of rights claims and the practices in which they are located provides a much needed guide to all of us concerned to understand contemporary international relations and concerned about ethical conduct in world affairs. This exercise in constitutive theory puts forward a powerful tool with which to tackle some of the pressing ethical issues of our time such as those to do with refugees, asylum seekers, new wars, secessionist movements, international labour practices and many more.

Book Power  Procedure  Participation and Legitimacy in Global Sustainability Norms

Download or read book Power Procedure Participation and Legitimacy in Global Sustainability Norms written by Karin Buhmann and published by Routledge. This book was released on 2017-08-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades’ efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

Book Higher education for democratic innovation

Download or read book Higher education for democratic innovation written by Bergan, Sjur and published by Council of Europe. This book was released on 2016-02-22 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy is increasingly the standard against which societies are measured. The term “democratic culture” designates the set of attitudes and behaviours that citizens need to have for democratic institutions and laws to function in practice. This is an important development from older perceptions of democracy, which focused on institutions, laws and procedures. It is a recognition that democracy will not function unless citizens want it to function. In all countries there are committed individuals aspiring to make their societies better democracies. As the Secretary General of the Council of Europe, Thorbjørn Jagland, has said on several occasions, our societies seek to address 21st-century issues through 19th-century institutions. Through contributions by authors from Europe, North America and other parts of the world, this book explores how higher education can help find new ways to develop commitment to public space and societal engagement and make democracy more vibrant.