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Author: Nicholas Sunday
Publisher: GRIN Verlag
ISBN: 3656371474
Category : Law
Languages : en
Pages : 84
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Book Description
Document from the year 2013 in the subject Law - Miscellaneous, grade: A, St. Lawrence University (SCHOOL OF POSTGRADUATE STUDIES), language: English, abstract: Rights and duties are correlative conceptions, that is to say, every right carries with it a corresponding obligation. They are like the two sides of a coin. Rights depend upon duties. “It is only in a world of duties that rights have significance”. Also, every right requires social recognition, without such recognition, rights are empty claims. Rights do not exist in a vacuum. They require the sanction of society. A right is likewise not a selfish claim. It is a disinterested desire; it is something which is capable of universal application. In asserting my right, I am really rendering a public service and when I fight for the rights of others, I may do so at great personal loss or inconvenience to myself. Older societies as a rule did not recognize rights to any great extent. They had only petitions and charities. Modern societies on the other hand give a very important place to rights. The French Revolution did not ask for charity; it demanded the rights of men. Some, if not all, of our present day constitution’s guarantee certain fundamental rights for their citizens. Rights have a tendency to grow. New rights frequently come into being, e.g. the right to work, the right to strike, and the right to retain one’s job when one is on strike etc.
Author: Nicholas Sunday
Publisher: GRIN Verlag
ISBN: 3656371474
Category : Law
Languages : en
Pages : 84
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Book Description
Document from the year 2013 in the subject Law - Miscellaneous, grade: A, St. Lawrence University (SCHOOL OF POSTGRADUATE STUDIES), language: English, abstract: Rights and duties are correlative conceptions, that is to say, every right carries with it a corresponding obligation. They are like the two sides of a coin. Rights depend upon duties. “It is only in a world of duties that rights have significance”. Also, every right requires social recognition, without such recognition, rights are empty claims. Rights do not exist in a vacuum. They require the sanction of society. A right is likewise not a selfish claim. It is a disinterested desire; it is something which is capable of universal application. In asserting my right, I am really rendering a public service and when I fight for the rights of others, I may do so at great personal loss or inconvenience to myself. Older societies as a rule did not recognize rights to any great extent. They had only petitions and charities. Modern societies on the other hand give a very important place to rights. The French Revolution did not ask for charity; it demanded the rights of men. Some, if not all, of our present day constitution’s guarantee certain fundamental rights for their citizens. Rights have a tendency to grow. New rights frequently come into being, e.g. the right to work, the right to strike, and the right to retain one’s job when one is on strike etc.
Author: Charles F. Bahmueller
Publisher: Center for Civic Education
ISBN: 0898182018
Category : Democracy
Languages : en
Pages : 145
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Book Description
Author: Rory O'Connell
Publisher: Cambridge University Press
ISBN: 1107035074
Category : Law
Languages : en
Pages : 321
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Book Description
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Author: Bertrand G. Ramcharan
Publisher: BRILL
ISBN: 9004215921
Category : Law
Languages : en
Pages : 304
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Book Description
This book has a simple objective: to present the fundamentals of international human rights treaty law in a way that can be helpful to the national leader, official, or legal adviser whose duty it is to help put a human rights treaty regime into the law and practice in his or her country. It is a book of international law, as provided for in the principal international and regional human rights treaties and draws upon the jurisprudence and practice of their monitoring organs.
Author: Inter-parliamentary Union
Publisher: Inter-Parliamentary Union
ISBN: 9291420360
Category : Democracy
Languages : en
Pages : 110
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Book Description
Principles to realization - Cherif Bassiouni
Author: Adam Przeworski
Publisher: Cambridge University Press
ISBN: 9780521532662
Category : Law
Languages : en
Pages : 338
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Book Description
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Author: Lane V. Sunderland
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 384
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Book Description
With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using non-constitutional principles to make policy and promote its own political agendas. His work shows why this has diminished American democracy and what we can do to revive it. Sunderland presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon—an enormously diverse group united by an apparent belief in judicial supremacy. Their theories, he demonstrates, undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice. Central to this enterprise is Sunderland's reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. "The Federalist," he states, "is crucial because it explains the underlying theory of the Constitution as a whole, a theory that gives meaning to its particular provisions." In addition, Sunderland reexamines the Declaration of Independence and the work of Hobbes, Locke, and Montesquieu, in order to better define the nature and limits of their influence on the Framers. His reading of these works in conjunction with The Federalist shows just how far afield contemporary commentators have strayed. Sunderland deliberately echoes and amplifies Madison's wisdom in Federalist No. 10 that the object of the Constitution is "to secure the public good and private rights . . . and at the same time to preserve the spirit and form of popular government." To attain that object, he persuasively argues, requires that the judiciary acknowledge and enforce the constitutional limitations upon its own powers. In an era loudly proclaiming the return of popular government, majority rule, and the "will of the people," that argument is especially relevant and appealing.
Author: John R. Wallach
Publisher: Cambridge University Press
ISBN: 1108422578
Category : Philosophy
Languages : en
Pages : 323
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Book Description
Proposes a new democratic theory, rooted in activity not consent, and intrinsically related to historical understandings of power and ethics.
Author: Sweden
Publisher: Stockholm : Royal Ministry for Foreign Affairs
ISBN:
Category : Constitutional history
Languages : en
Pages : 120
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Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
