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Author: Luan-Vu Tran
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 336
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Book Description
Deeply rooted in liberal philosophy of the seventeenth and eighteenth centuries, fundamental rights have been traditionally conceived as prohibitions of state interference with the private affairs of citizens. Classic liberalism views human freedom generally as the absence of governmental restrictions, maintaining that happiness, prosperity, and progress can be achieved only by limiting government. In an increasingly complex world, this raises the question as to whether and to what extent laissez-faire ideology, in particular negative freedom, is correct. Is the enjoyment of rights possible without state intervention? And if not, what kinds of positive responsibility does the State have toward its citizens? This volume challenges these traditional assumptions by showing that the protection of fundamental rights depends on both restraint and intervention of the State. Moreover, federalism as the institutional embodiment of cultural diversity apparently stands in opposition to human rights, which constitute normative responses to universal moral claims to freedom and well-being. The common perception views decentralization of power as a threat to the rights of individuals and minority groups because it allegedly makes uniform and equal treatment impossible; this undermines national unity and collides with the concept of universal citizenship. The general issue discussed in the book is whether the pursuit of liberty and happiness necessarily excludes the commitment to cultural diversity and local autonomy. The study examines the three federated countries Canada, Switzerland, and the United States, with a particular focus on human rights protection and federalism in Canada.
Author: Luan-Vu Tran
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 336
Get Book
Book Description
Deeply rooted in liberal philosophy of the seventeenth and eighteenth centuries, fundamental rights have been traditionally conceived as prohibitions of state interference with the private affairs of citizens. Classic liberalism views human freedom generally as the absence of governmental restrictions, maintaining that happiness, prosperity, and progress can be achieved only by limiting government. In an increasingly complex world, this raises the question as to whether and to what extent laissez-faire ideology, in particular negative freedom, is correct. Is the enjoyment of rights possible without state intervention? And if not, what kinds of positive responsibility does the State have toward its citizens? This volume challenges these traditional assumptions by showing that the protection of fundamental rights depends on both restraint and intervention of the State. Moreover, federalism as the institutional embodiment of cultural diversity apparently stands in opposition to human rights, which constitute normative responses to universal moral claims to freedom and well-being. The common perception views decentralization of power as a threat to the rights of individuals and minority groups because it allegedly makes uniform and equal treatment impossible; this undermines national unity and collides with the concept of universal citizenship. The general issue discussed in the book is whether the pursuit of liberty and happiness necessarily excludes the commitment to cultural diversity and local autonomy. The study examines the three federated countries Canada, Switzerland, and the United States, with a particular focus on human rights protection and federalism in Canada.
Author: Allan Rosas
Publisher: Martinus Nijhoff Publishers
ISBN: 9004479384
Category : Law
Languages : en
Pages : 266
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Book Description
At the beginning of the 1990's, all CSCE (Conference on Security and Co-operation in Europe) States committed themselves to pluralist democracy, the rule of law and human rights and fundamental freedoms. The idea of pluralist democracy is also gaining ground in other parts of the world.
Author: Eva Maria Belser
Publisher: BRILL
ISBN: 9004394613
Category : Law
Languages : en
Pages : 460
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Book Description
This book examines different approaches by which states characterised by federal or decentralized arrangements reconcile equality and autonomy. In case studies from four continents, leading experts analyse the challenges of ensuring institutional, social and economic equality whilst respecting the competences of regions and the rights of groups.
Author: Gordon DiGiacomo
Publisher: University of Toronto Press
ISBN: 1442609567
Category : Political Science
Languages : en
Pages : 561
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Book Description
Written largely by Canadian scholars for Canadian readers, this overview of contemporary human rights concerns introduces the human rights instruments—provincial, national, and international—which protect Canadians. The volume begins with an outline of the history of human rights before moving on to discuss such important topics as the relationship between political institutions and rights protection, rights issues pertaining to specific communities, and cross-cutting rights issues that affect most or all citizens. Contemporary and comprehensive, Human Rights: Current Issues and Controversies is a valuable resource for anyone interested in learning more about human rights.
Author: Michael Burgess
Publisher: Routledge
ISBN: 1134219482
Category : Political Science
Languages : en
Pages : 508
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Book Description
A new examination of contemporary federalism and federation, which delivers a detailed theoretical study underpinned by fresh case studies. It is grounded in a clear distinction between 'federations', particular kinds of states, and 'federalism', the thinking that drives and promotes them. It also details the origins, formation, evolution and operations of federal political interests, through an authoritative series of chapters that: analyze the conceptual bases of federalism and federation through the evolution of the intellectual debate on federalism; the American Federal experience; the origins of federal states; and the relationship between state-building and national integration explore comparative federalism and federation by looking at five main pathways into comparative analysis with empirical studies on the US, Canada, Australia, India, Malaysia, Belgium, Germany, Austria, Switzerland and the EU explore the pathology of federations, looking at failures and successes, the impact of globalization. The final chapter also presents a definitive assessment of federal theory. This book will be of great interest to students and researchers of federalism, devolution, comparative politics and government.
Author: Chile Eboe-Osuji
Publisher: Springer Nature
ISBN: 3030695948
Category : Law
Languages : en
Pages : 459
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Book Description
The contributions to this volume focus on a diverse array of topics in international law, with scholarly interventions from experts in the field, both in academia and the judiciary, as well as case commentary on a recent decision of the International Court of Justice (Chagos Decision). The theoretical and methodological breadth of the issues covered are relevant to audiences beyond the Nigerian and African intellectual space. In particular, this volume includes analysis on critical intellectual property law questions; intersections of national, regional and international law and technology; the African Continental Free Trade Area Agreement; and maritime law. The authoritative views of the experts on the different issues covered in this volume make excellent contributions to their relevant fields.
Author: Linda C. Reif
Publisher: Springer
ISBN: 9401759324
Category : Law
Languages : en
Pages : 433
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Book Description
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
Author: Stéphanie Lagoutte
Publisher: BRILL
ISBN: 9047411218
Category : Law
Languages : en
Pages : 305
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Book Description
Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current political realities, even in states traditionally dedicated to the rule of law. This would have been inconceivable ten or twenty years ago. At the political level human rights are gaining as well as losing ground. The question of the adequacy, legitimacy and scope of human rights is still a live one. And weaknesses in supra-national human rights protection systems have emerged over the last twenty years. It is now clear that human rights mechanisms are not well adapted to the handling of the ever-increasing number of complaints or to the effective implementation of human rights. This thought-provoking collection of essays by leading scholars and practitioners in the field of human rights explores the ways in which human rights are currently being challenged and weakened, but also strengthened in important and groundbreaking ways in different areas and settings. They explore the many current debates which centre on human rights concerns: debates about secularism and religious norms, about minimum social standards and social security, about the future regulation of citizenship, about prison reform and the use of less inhumane methods of detention; as well as the reform of the UN system and the challenges facing the now overburdened European Court of Human Rights.
Author: Tom Obokata
Publisher: BRILL
ISBN: 9047411064
Category : Law
Languages : en
Pages : 265
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Book Description
Trafficking of human beings is a widespread practice in the modern world. It has been estimated that between 600,000 and 800,000 people, the majority of whom are women and children, are trafficked worldwide each year. The rapid growth in trafficking of human beings and its transnational nature have prompted the international community to take urgent action, and a major step was taken when the United Nations adopted the Protocol to Prevent and Suppress Trafficking in Persons, Especially Women and Children (Trafficking Protocol), attached to the United Nations Convention against Transnational Organised Crime (Organised Crime Convention) in December 2000. Yet addressing the human rights aspects of the phenomenon has proven to be difficult in practice, and so far a holistic approach which addresses wider issues surrounding the phenomenon has not been taken. The purpose of this book is to go further than simply recognising that trafficking is a human rights issue. It attempts to establish a human rights framework to analyse and address the act by identifying applicable human rights norms and principles from the beginning to the end of the trafficking process, such as the rights to life, work, health, as well as freedom from torture and slavery. It then articulates key obligations under international human rights law, including the obligations to prohibit trafficking, punish traffickers, protect victims, and to address the causes and the consequences of the practice.
Author: Gabrielle Appleby
Publisher: Cambridge University Press
ISBN: 1107378117
Category : Law
Languages : en
Pages : 505
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Book Description
At a time when the operation and reform of federal relations within Australia is squarely on the political agenda, this volume brings together eminent lawyers, economists and political scientists who explain, analyse and evaluate the theory and principles underpinning the Australian federal system. Topics covered include the High Court's approach to the interpretation of the Constitution and how this has influenced federal relations in practice; different forms of inter-governmental co-operative arrangements; fiscal relations between the Commonwealth and the States; and emergent ethno-cultural and socioeconomic diversity within the Australian Federation. Comparative perspectives from Germany, America, Canada, Switzerland, India and the European Union provide unique prisms through which to view the operation of the Australian system and to contemplate its reform.
