Author: Publisher:
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Languages : en
Pages :
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ON THE ENTRENCHMENT OF A BILL OF RIGHTS.
Author: Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
On the Entrenchment of a Bill Of Rights
Author: Canada. Federal-Provincial Conference of First Ministers on the Constitution, Ottawa, September 8-13, 1980Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Entrenching Bills of Rights
Author: Timothy MacklemPublisher:
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Languages : en
Pages :
Book Description
The entrenchment of a bill of rights, and the consequent removal of the matters covered in the bill from the domain of the legislature, is commonly thought to constitute a transfer of power from the legislature to the courts. Yet the simple answer to this thought is that, strictly speaking, no such transfer takes place, for in acquiring power to determine the content of a bill of rights the courts do not acquire the power to legislate that the bill denies to the legislature. The more complex response is that what the courts acquire when a bill of rights is entrenched is the power to set a constitutional agenda, a power that the legislature may never have had and so has not necessarily lost, a power the political significance of which depends on the form and content of what is entrenched and the value and character of the power it leaves in the hands of the legislature. In particular, the entrenchment of a project of governance (as typified by the positive duties conventionally associated with economic and social rights) raises concerns about the power exercised by courts that are not raised by the entrenchment of a project of non-governance (as typified by the negative duties conventionally associated with civil and political liberties). Non-governance may be objectionable, but not because the courts secure it. Governance, however, may be objectionable just because the courts secure it.
Legislated Rights
Author: Grégoire WebberPublisher: Cambridge University Press
ISBN: 1108642500
Category : Political Science
Languages : en
Pages : 223
Book Description
The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
A Bill of Rights
Author: LibertyPublisher:
ISBN:
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Languages : en
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Book Description
Enacting a Bill of Rights
Author: Joseph JaconelliPublisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 348
Book Description
Looking for Rights in All the Wrong Places
Author: Emily ZackinPublisher: Princeton University Press
ISBN: 069115578X
Category : Law
Languages : en
Pages : 250
Book Description
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
Why Law Matters
Author: Alon HarelPublisher: Oxford University Press (UK)
ISBN: 019964327X
Category : Law
Languages : en
Pages : 253
Book Description
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
The Entrenchment Question and the Canadian Bill of Rights
Author: W. S. TarnopolskyPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Constitutional Fundamentals
Author: Sir William WadePublisher: Taylor & Francis
ISBN: 9780420459107
Category : Constitutional law
Languages : en
Pages : 83
Book Description
