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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 Territory

    Book Details:
  • Author : David Delaney
  • Publisher : John Wiley & Sons
  • Release : 2008-04-15
  • ISBN : 1405153059
  • Pages : 176 pages

Download or read book Territory written by David Delaney and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.

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 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 North American Mosaic

    Book Details:
  • Author : Commission for Environmental Cooperation (Montréal, Québec). Secretariat
  • Publisher :
  • Release : 2001
  • ISBN :
  • Pages : 240 pages

Download or read book The North American Mosaic written by Commission for Environmental Cooperation (Montréal, Québec). Secretariat and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The North American Mosaic has four overarching features. First, it is, to the extent feasible, based on comparable information on the status and trends of major indicators of the state of the environment in Canada,Mexico, and the United States. Second, the report confirms that these three countries together make up an incredibly complex, dynamic, and interconnected ecosystem in which humans play a dominant and decisive role. Third, the report raises important and sometimes disquieting questions concerning the sustainability of some current trends. Finally, the report is a reminder that our economic, social, and physical well-being are utterly dependent on the life-sustaining services provided by nature. This report emphasizes the importance of developing mutually compatible economic, social, and environmental goals and policies across the three-country region.

Book The Rebel

    Book Details:
  • Author : Leonor Villegas de Magn—n
  • Publisher : Arte Publico Press
  • Release : 1994-09-01
  • ISBN : 9781611920499
  • Pages : 380 pages

Download or read book The Rebel written by Leonor Villegas de Magn—n and published by Arte Publico Press. This book was released on 1994-09-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rebel is the memoir of a revolutionary woman, Leonor Villegas de Magnon (1876-1955), who was a fiery critic of dictator Porfirio Diaz and a conspirator and participant in the Mexican Revolution. Villegas de Magnon rebelled against the ideals of her aristocratic class and against the traditional role of women in her society. In 1910 Villegas moved from Mexico to Laredo, Texas, where she continued supporting the revolution as a member of the Junta Revolucionaria (Revolutionary Council) and as a fiery editorialist in Laredo newspapers. In 1913, she founded La Cruz Blanca (The White Cross) to serve as a corps of nurses for the revolutionary forces active from the border region to Mexico City. Many women like Villegas de Magnon from both sides of the border risked their lives and left their families to support the revolution. Years later, however, when their participation had still been unacknowledged and was running the risk of being forgotten, Villegas de Magnon decided to write her personal account of this history. The Rebel covers the period from 1876 through 1920, documenting the heroic actions of the women. Written in the third person with a romantic fervor, the narrative interweaves autobiography with the story of La Cruz Blanca. Until now Villegas de Magnon's written contributions have remained virtually unrecognized - peripheral to both Mexico and the United States, fragmented by a border. Not only does her work attest to the vitality, strength and involvement of women in sociopolitical concerns, but it also stands as one of the very few written documents that consciously challenges stereotyped misconceptions of Mexican Americans held by both Mexicans and Anglo-Americans.

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 Women  Culture  and Politics in Latin America

Download or read book Women Culture and Politics in Latin America written by Emilie L. Bergmann and published by Univ of California Press. This book was released on 1990 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: “This collection, because of its exceptional theoretical coherence and sophistication, is qualitatively superior to the most frequently consulted anthologies on Latin American women’s history and literature . . . [and] represents a new, more theoretically rigorous stage in the feminist debate on Latin American women.”—Elizabeth Garrels, Massachusetts Institute of Technology

Book The Rational Spirit in Modern Continuum Mechanics

Download or read book The Rational Spirit in Modern Continuum Mechanics written by Chi-Sing Man and published by Springer. This book was released on 2004-07-06 with total page 918 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through his voluminous and in?uential writings, editorial activities, organi- tional leadership, intellectual acumen, and strong sense of history, Clifford - brose Truesdell III (1919–2000) was the main architect for the renaissance of - tional continuum mechanics since the middle of the twentieth century. The present collection of 42 essays and research papers pays tribute to this man of mathematics, science, and natural philosophy as well as to his legacy. The ?rst ?ve essays by B. D. Coleman, E. Giusti, W. Noll, J. Serrin, and D. Speiser were texts of addresses given by their authors at the Meeting in memory of Clifford Truesdell, which was held in Pisa in November 2000. In these essays the reader will ?nd personal reminiscences of Clifford Truesdell the man and of some of his activities as scientist, author, editor, historian of exact sciences, and principal founding member of the Society for Natural Philosophy. The bulk of the collection comprises 37 research papers which bear witness to the Truesdellian legacy. These papers cover a wide range of topics; what ties them together is the rational spirit. Clifford Truesdell, in his address upon receipt of a Birkhoff Prize in 1978, put the essence of modern continuum mechanics succinctly as “conceptual analysis, analysis not in the sense of the technical term but in the root meaning: logical criticism, dissection, and creative scrutiny.

Book A Gender based Approach to Parliamentary Discourse

Download or read book A Gender based Approach to Parliamentary Discourse written by Catalina Fuentes Rodríguez and published by John Benjamins Publishing Company. This book was released on 2016-12-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does gender condition politicians’ discourse strategies in parliament? This is the question we try to answer in A Gender-based Approach to Parliamentary Discourse: The Andalusian Parliament. This book, written by experts in the field of discourse analysis, covers key aspects of political discourse such as gender, identity and verbal and nonverbal strategies: intensification, enumerative series, non-literal quotations, pseudo-desemantisation, lexical colloquialisation, emotion, eye contact and time management. It provides a large number of examples from a balanced gender parliament, the Andalusian Parliament, and it focuses mainly on argumentation, since parliamentary discourse is above all argumentative. This book will prove invaluable to students and teachers in the field of discourse analysis, and more specifically of political discourse, and will also be very useful to politicians and anyone interested in communication strategies. As of January 2019, this e-book is freely available, thanks to the support of libraries working with Knowledge Unlatched.

Book International Code of Conduct on Pesticide Management

Download or read book International Code of Conduct on Pesticide Management written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2018-09-03 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The understanding that some pesticides are more hazardous than others is well established. Recognition of this is reflected by the World Health Organization (WHO) Recommended Classification of Pesticides by Hazard, which was first published in 1975. The document classifies pesticides in one of five hazard classes according to their acute toxicity. In 2002, the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) was introduced, which in addition to acute toxicity also provides classification of chemicals according to their chronic health hazards and environmental hazards.

Book The Radiological Accident in Goi  nia

Download or read book The Radiological Accident in Goi nia written by International Atomic Energy Agency and published by . This book was released on 1988 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government and authorities in Brazil were faced with a tragic accident in Goiânia resulting from the misuse of a strongly radioactive medical teletherapy source not under radiation protection surveillance. The present report is divided into four parts: a chronology of destruction of the source, discovery of the accident and initial response; a description of the human consequences and the dosimetry and treatment of seriously exposed and contaminated persons; an account of the assessment of the environmental contamination and the remedial actions taken; and observations and recommendations. Appendices and annexes give an assessment of the effectiveness of international co-operation in the emergency response, and provide further information on: public communications; radiological survey equipment; guidelines for the discharge of patients; radiological protection; chemical decontamination; and the lessons learned.

Book World Anthropologies

Download or read book World Anthropologies written by Gustavo Lins Ribeiro and published by Routledge. This book was released on 2020-07-12 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception, anthropology's authority has been based on the assumption that it is a unified discipline emanating from the West. In an age of heightened globalization, anthropologists have failed to discuss consistently the current status of their practice and its mutations across the globe. World Anthropologies is the first book to provoke this conversation from various regions of the world in order to assess the diversity of relations between regional or national anthropologies and a contested, power-laden Western discourse. Can a planetary anthropology cope with both the 'provincial cosmopolitanism' of alternative anthropologies and the 'metropolitan provincialism' of hegemonic schools? How might the resulting 'world anthropologies' challenge the current panorama in which certain allegedly national anthropological traditions have more paradigmatic weight - and hence more power - than others? Critically examining the international dissemination of anthropology within and across national power fields, contributors address these questions and provide the outline for a veritable world anthropologies project.

Book United States Venezuela Relations Since the 1990s

Download or read book United States Venezuela Relations Since the 1990s written by Javier Corrales and published by Routledge. This book was released on 2013 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oil makes up one-third of Venezuela's entire GDP, and the United States is far and away Venezuela's largest trading partner. Relations between Venezuela and the United States, traditionally close for most of the last two centuries, began to fray as the end of the Cold War altered the international environment. U.S.-Venezuela Relations since the 1990s explores relations between these two countries since 1999, when Hugo Chavez came to office and proceeded to change Venezuela's historical relation with the United States and other democracies. The authors analyze the reasons for rising bilateral conflict, the decision-making process in Venezuela, the role played by public and private actors in shaping foreign policy, the role of other powers such as China, Russia, Iran, and Saudi Arabia in shaping U.S.-Venezuelan relations, the role of Venezuela in Cuba and Colombia, and the impact of broader international dynamics in the bi-lateral relations.

Book Transforming Economies

Download or read book Transforming Economies written by José Manuel Salazar-Xirinachs and published by . This book was released on 2014-05-05 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book helps connect the dots between economic theory, the role of capabilities, the lessons from history and the practical challenges of design and implementation of industrial policies. In so doing it provides an excellent policy roadmap for anyone interested in the challenge of promoting catch-up growth and productive transformation.

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