From Dialogue to Disagreement in Comparative Rights Constitutionalism PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download From Dialogue to Disagreement in Comparative Rights Constitutionalism PDF full book. Access full book title From Dialogue to Disagreement in Comparative Rights Constitutionalism by Scott Stephenson. Download full books in PDF and EPUB format.
Author: Scott Stephenson
Publisher: Holt Prize
ISBN: 9781760020675
Category : Civil rights
Languages : en
Pages : 243
Get Book Here
Book Description
The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.
Author: Scott Stephenson
Publisher: Holt Prize
ISBN: 9781760020675
Category : Civil rights
Languages : en
Pages : 243
Get Book Here
Book Description
The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.
Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170
Get Book Here
Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author:
Publisher:
ISBN:
Category : Insurance law
Languages : en
Pages : 964
Get Book Here
Book Description
Reports of all decisions rendered in insurance cases in the federal courts, and in the state courts of last resort.
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 296
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 520
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 340
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 632
Get Book Here
Book Description
Vols. 64-96 include "Central law journal's international law list".
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 600
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 396
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1074
Get Book Here
Book Description