Rethinking Human Rights and Global Constitutionalism

Rethinking Human Rights and Global Constitutionalism PDF Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
ISBN: 1107122023
Category : Law
Languages : en
Pages : 181

Get Book Here

Book Description
This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.

Rethinking Human Rights and Global Constitutionalism

Rethinking Human Rights and Global Constitutionalism PDF Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
ISBN: 1107122023
Category : Law
Languages : en
Pages : 181

Get Book Here

Book Description
This book offers new perspectives and insights into the functioning of mechanisms utilised by global constitutionalism.

Globalization and Sovereignty

Globalization and Sovereignty PDF Author: Jean L. Cohen
Publisher: Cambridge University Press
ISBN: 1139560263
Category : Political Science
Languages : en
Pages : 455

Get Book Here

Book Description
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

The Content and Context of Hate Speech

The Content and Context of Hate Speech PDF Author: Michael Herz
Publisher: Cambridge University Press
ISBN: 1107375614
Category : Law
Languages : en
Pages : 569

Get Book Here

Book Description
The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

Beyond Human Rights

Beyond Human Rights PDF Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645

Get Book Here

Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Immigration Detention and Human Rights

Immigration Detention and Human Rights PDF Author: Galina Cornelisse
Publisher: BRILL
ISBN: 9004173706
Category : Law
Languages : en
Pages : 403

Get Book Here

Book Description
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Shifting Centres of Gravity in Human Rights Protection

Shifting Centres of Gravity in Human Rights Protection PDF Author: Oddný Mjöll Arnardóttir
Publisher: Routledge
ISBN: 1317309103
Category : Law
Languages : en
Pages : 223

Get Book Here

Book Description
This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.

Prosecuting Human Rights Offences

Prosecuting Human Rights Offences PDF Author: Krešimir Kamber
Publisher: BRILL
ISBN: 9004337768
Category : Law
Languages : en
Pages : 598

Get Book Here

Book Description
In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

Reconsidering the Insular Cases

Reconsidering the Insular Cases PDF Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Category : History
Languages : en
Pages : 233

Get Book Here

Book Description
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

Rethinking International Law and Justice

Rethinking International Law and Justice PDF Author: Charles Sampford
Publisher: Routledge
ISBN: 1317064119
Category : Law
Languages : en
Pages : 383

Get Book Here

Book Description
General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.

The Power of Human Rights

The Power of Human Rights PDF Author: Thomas Risse
Publisher: Cambridge University Press
ISBN: 9780521658829
Category : Political Science
Languages : en
Pages : 338

Get Book Here

Book Description
In Tunisia and Morocco.