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Author: Grégoire C. N. Webber
Publisher: Cambridge University Press
ISBN: 1139483730
Category : Law
Languages : en
Pages : 241
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Book Description
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
Author: Grégoire C. N. Webber
Publisher: Cambridge University Press
ISBN: 1139483730
Category : Law
Languages : en
Pages : 241
Get Book Here
Book Description
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
Author: Shaojun Liu
Publisher: Springer Nature
ISBN: 9811643806
Category : Law
Languages : en
Pages : 138
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Book Description
This book comprehensively discusses the effects of digital technology on the way work is disseminated and the resulting challenges concerning the fair use of copyright. It also analyzes so-called fairness by examining theories on the system of fair use, demonstrating the “system changes that will be brought about by technological changes” from the perspective of economics, i.e., the problem of modification faced by the system of fair use of copyright. Exploring the nature and function of fair use and repositioning the fair use system, the book proposes a better design for China’s system of limitation on copyright and a readjustment of the copyright system. Lastly, in addition to analyzing the reconfigurations of fair use from an economic standpoint, the book describes in detail the interactions between legal systems and cultures.
Author: Aharon Barak
Publisher: Cambridge University Press
ISBN: 9781107401198
Category : Law
Languages : en
Pages : 638
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Book Description
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
Author: Bardo Fassbender
Publisher: Oxford University Press
ISBN: 0192558196
Category : Law
Languages : en
Pages : 417
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Book Description
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
Author: Andrew Clapham
Publisher: Oxford University Press, USA
ISBN: 0198706162
Category : Law
Languages : en
Pages : 217
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Book Description
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: Gerhard Van der Schyff
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 396
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Book Description
Author: South Africa Constitutional Assembly
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Anand Swarup Chaudhari
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 1046
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Book Description
Author: R. van den Hoven van Genderen
Publisher: Kluwer Law International
ISBN: 9789041185990
Category : Data protection
Languages : en
Pages : 0
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Book Description
European Monographs Series Volume 99 Privacy Limitation Clauses provides an in-depth coverage of the legal tension between public security and current intrusions on privacy. The fundamental right to privacy, in the sense of non-interference by government, is protected by international and national law. Nonetheless, today, the laws of privacy are being stretched to their limits and even violated by governments in the name of security. This book, by one of the most trusted authorities in Europe on the legal aspects of telecommunications technology, analyses the use of legal instruments by government agencies to determine if they restrict the fundamental right of privacy, and if the grounds to do so are acceptable within a democratic society. What's in this book: Unpacking the complexity of various factors on each side - privacy and the general interest of safety - the author clearly describes the following major areas of current law: data protection regulations; regulations on interception and retention of personal data in the telecommunications sector; anti-money laundering; and strategies used to protect national security against terrorist activities. The analysis pays detailed attention to the relevant provisions of international and regional conventions, deliberated principles and guidelines and to the case law of the European Court of Human Rights and other courts at every level. Legal theories of sovereignty are also taken into account. How this will help you: This is the most thorough treatment available of the grounds and circumstances that state agencies invoke to intrude upon citizens' rights of privacy and the procedures in place to legitimise these intrusions. This book proposes a set of circumstances under which the limitation of privacy should be allowed, including a consideration of what principles and conditions should underpin this policy. This ultimate contribution proves to be of inestimable value to policymakers, government institutions, and practitioners in several fields related to human rights.
