Fundamental Rights and Democratic Governance

Fundamental Rights and Democratic Governance PDF Author: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9768167432
Category : Capital punishment
Languages : en
Pages : 356

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Book Description
"The Caribbean Community (CARICOM) has assumed a greater role in guiding and coordinating the affairs of its member states. The introduction of the CARICOM Single Market and Economy (CSME) and the Caribbean Court of Justice (CCJ) bring the quest for democratic governance into sharp relief. Using Caribbean cases, Simeon McIntosh discusses the fundamental rights and freedoms of speech and of the press, freedom of religion and freedom form inhuman and degrading punishment. He examines the protection of these rights and freedoms in the light of changes in society, social progress and other developments in the Commonwealth Caribbean within the context of the CSME and the CCJ. Fundamental Rights and Democratic Governance is the first body of work to give serious philosophical treatment to the question of fundamental rights in the Caribbean. In this second instalment on Caribbean Constitutionalism, McIntosh builds on his earlier work, Caribbean Constitutional Reform: Rethinking the West Indian Polity, in laying the theoretical justification for the Caribbean Court of Justice. "

Fundamental Rights and Democratic Governance

Fundamental Rights and Democratic Governance PDF Author: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9768167432
Category : Capital punishment
Languages : en
Pages : 356

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Book Description
"The Caribbean Community (CARICOM) has assumed a greater role in guiding and coordinating the affairs of its member states. The introduction of the CARICOM Single Market and Economy (CSME) and the Caribbean Court of Justice (CCJ) bring the quest for democratic governance into sharp relief. Using Caribbean cases, Simeon McIntosh discusses the fundamental rights and freedoms of speech and of the press, freedom of religion and freedom form inhuman and degrading punishment. He examines the protection of these rights and freedoms in the light of changes in society, social progress and other developments in the Commonwealth Caribbean within the context of the CSME and the CCJ. Fundamental Rights and Democratic Governance is the first body of work to give serious philosophical treatment to the question of fundamental rights in the Caribbean. In this second instalment on Caribbean Constitutionalism, McIntosh builds on his earlier work, Caribbean Constitutional Reform: Rethinking the West Indian Polity, in laying the theoretical justification for the Caribbean Court of Justice. "

Effective Governance Under Anarchy

Effective Governance Under Anarchy PDF Author: Tanja A. Börzel
Publisher: Cambridge University Press
ISBN: 1107183693
Category : Business & Economics
Languages : en
Pages : 381

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Book Description
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

The Constitution of Equality

The Constitution of Equality PDF Author: Thomas Christiano
Publisher: OUP Oxford
ISBN: 0191613916
Category : Political Science
Languages : en
Pages : 320

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Book Description
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

DAC Guidelines and Reference Series Accountability and Democratic Governance Orientations and Principles for Development

DAC Guidelines and Reference Series Accountability and Democratic Governance Orientations and Principles for Development PDF Author: OECD
Publisher: OECD Publishing
ISBN: 9264183639
Category :
Languages : en
Pages : 142

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Book Description
There is growing recognition of the need for new approaches to the ways in which donors support accountability, but no broad agreement on what changed practice looks like. This publication aims to provide more clarity on the emerging practice.

Militant Democracy

Militant Democracy PDF Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271

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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Constitutionalism and a Right to Effective Government?

Constitutionalism and a Right to Effective Government? PDF Author: Vicki C. Jackson
Publisher: Cambridge University Press
ISBN: 1009178105
Category : Law
Languages : en
Pages : 281

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Book Description
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

Democracy

Democracy PDF 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

Freedom in the World 2018

Freedom in the World 2018 PDF Author: Freedom House
Publisher: Rowman & Littlefield
ISBN: 1538112035
Category : Political Science
Languages : en
Pages : 1265

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Book Description
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

Governance for Peace

Governance for Peace PDF Author: David Cortright
Publisher: Cambridge University Press
ISBN: 1108415938
Category : Political Science
Languages : en
Pages : 307

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Book Description
An evidence-based analysis of governance focusing on the institutional capacities and qualities that reduce the risk of armed conflict.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law PDF Author: Anneli Albi
Publisher: Springer
ISBN: 9462652732
Category : Law
Languages : en
Pages : 1522

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Book Description
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.