Limiting Rights
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Author | : Janet Hiebert |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 198 |
Release | : 1996 |
Genre | : Canada |
ISBN | : 0773514317 |
Hiebert (political studies, Queen's U.) discusses the issue of who should be responsible for determining whether Canadian legislation conflicting with the rights of the Charter should be upheld as a reasonable limit on protected rights. She provides an extended analysis of Supreme Court decisions involving limits on protected rights, the issues surrounding judicial review, and the considerable influence exerted by Canadian politician over which legislation is considered for review. Canadian card order number C96-900197-5. Annotation copyright by Book News, Inc., Portland, OR
Author | : Adam Chilton |
Publisher | : Oxford University Press, USA |
Total Pages | : 397 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0190871458 |
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 | : American Library Association |
Publisher | : |
Total Pages | : 16 |
Release | : 1953 |
Genre | : Libraries |
ISBN | : |
Author | : Janet Hiebert |
Publisher | : McGill-Queen's Press - MQUP |
Total Pages | : 206 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780773514379 |
Limiting Rights is an in-depth exploration of who is, and who should be, responsible for determining whether legislation that conflicts with the entrenched rights of the Charter of Rights and Freedoms should nevertheless be upheld as a reasonable limit on protected rights. Janet Hiebert addresses a topic that threatens to undermine claims that what courts do can be distinguished from the discretionary decisions of policy makers and raises concerns about whether judicial review of the Charter is consistent with democratic principles.
Author | : David E. Bernstein |
Publisher | : University of Chicago Press |
Total Pages | : 204 |
Release | : 2011-05-15 |
Genre | : History |
ISBN | : 0226043533 |
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Author | : Bychawska-Siniarska, Dominika |
Publisher | : Council of Europe |
Total Pages | : 124 |
Release | : 2017-08-04 |
Genre | : Political Science |
ISBN | : |
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Patrick M. Garry |
Publisher | : University of Missouri Press |
Total Pages | : 210 |
Release | : 2012-07-15 |
Genre | : Political Science |
ISBN | : 082627272X |
Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
Author | : Bardo Fassbender |
Publisher | : Oxford University Press |
Total Pages | : 417 |
Release | : 2019-11-21 |
Genre | : Law |
ISBN | : 0192558196 |
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 | : Office for Intellectual Freedom (OIF) |
Publisher | : American Library Association |
Total Pages | : 359 |
Release | : 2015-07-01 |
Genre | : Language Arts & Disciplines |
ISBN | : 0838913253 |
Collecting several key documents and policy statements, this supplement to the ninth edition of the Intellectual Freedom Manual traces a history of ALA’s commitment to fighting censorship. An introductory essay by Judith Krug and Candace Morgan, updated by OIF Director Barbara Jones, sketches out an overview of ALA policy on intellectual freedom. An important resource, this volume includes documents which discuss such foundational issues as The Library Bill of RightsProtecting the freedom to readALA’s Code of EthicsHow to respond to challenges and concerns about library resourcesMinors and internet activityMeeting rooms, bulletin boards, and exhibitsCopyrightPrivacy, including the retention of library usage records