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Author: Elena Drymiotou
Publisher: Routledge
ISBN: 1351579738
Category : Law
Languages : en
Pages : 234
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Book Description
While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.
Author: Elena Drymiotou
Publisher: Routledge
ISBN: 1351579738
Category : Law
Languages : en
Pages : 234
Get Book
Book Description
While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.
Author: Kenneth L. Karst
Publisher:
ISBN: 9780300050288
Category : Law
Languages : en
Pages : 340
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Book Description
The notion of equality in the American system is explored through individual discussions of race, sex, religion, ethnic background asking the question who belongs?
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: Adam Chilton
Publisher: Oxford University Press, USA
ISBN: 0190871458
Category : Law
Languages : en
Pages : 397
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Book Description
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 1426
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Book Description
Considers (86) S. 435, (86) S. 456, (86) S. 499, (86) S. 810, (86) S. 957, (86) S. 958, (86) S. 959, (86) S. 960, (86) S. 1084, (86) S. 1199, (86) S. 1277, (86) S. 1848, (86) S. 1998, (86) S. 2001, (86) S. 2002, (86) S. 2003, (86) S. 2041.
Author: Janusz Symonides
Publisher: Routledge
ISBN: 1351728369
Category : Law
Languages : en
Pages : 355
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Book Description
Presenting reflections on the historical perspectives and philosophical foundations of human rights, this book provides a detailed analysis of civil and political rights, as well as the rights of persons belonging to such vulnerable groups as women, children and minorities, indigenous people, refugees, displaced persons and migrant workers.
Author: Ekaterina Yahyaoui Krivenko
Publisher:
ISBN: 9781108524124
Category : LAW
Languages : en
Pages : 170
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Book Description
"Constitutionalism understood broadly is a concept that addresses emergence, restriction and legitimation of power and authority. Traditionally, concepts of constitution and constitutionalism developed from within particular communities, mostly states"--
Author:
Publisher: UN
ISBN:
Category : Law
Languages : en
Pages : 158
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Book Description
"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.
Author: Rebecca E Zietlow
Publisher: NYU Press
ISBN: 0814797075
Category : Law
Languages : en
Pages : 279
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Book Description
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
Author: Sandra F. VanBurkleo
Publisher: Oxford University Press, USA
ISBN: 9780195069716
Category : Law
Languages : en
Pages : 409
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Book Description
7. The civil war settlement