Human Rights Of, By, and for the People

Human Rights Of, By, and for the People
Author: Keri E. Iyall Smith
Publisher: Routledge is
Total Pages: 0
Release: 2017
Genre: Constitutional amendments
ISBN: 9781138204164

Conclusion: What We Have Seen Can't Be Unseen: So What Next? -- References -- 13 For a Decolonized US Constitution -- Decolonizing Our Minds -- Kinship -- Leadership Traits -- Equality -- Restorative Justice -- Nature -- In Contrast -- Collaborative or Adversarial -- Adversarial -- Models for a Decolonized Constitution -- How Can We Proceed? -- Notes -- References -- 14 The Universal Declaration of Human Rights as a Constitutional Model -- Drafting the UDHR -- Reflective versus Formative Events -- Conceptual Challenges to Analyzing Rights (A Short Digression) -- The Growth and Spread of Rights: UDHR in Historical Perspective -- Norm Crystallization (Rights Concentration) -- Innovation (Rights Proliferation) -- The UDHR and the Concentration and Proliferation of Rights -- Projection of the UDHR onto Subsequent Constitutions -- Conclusion: What Would Constitutions Look Like Today Without the UDHR? -- Notes -- References -- 15 Rewrite for Rights: Creating a Modern Constitution -- Appendix 1 Bill of Rights and Subsequent Amendments (Abbreviated) -- Appendix 2 Universal Declaration of Human Rights: Adopted and Proclaimed ... -- Index

How Constitutional Rights Matter

How Constitutional Rights Matter
Author: Adam Chilton
Publisher: Oxford University Press
Total Pages: 280
Release: 2020-06-19
Genre: Law
ISBN: 0190871474

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.

The Rights Of Man Today

The Rights Of Man Today
Author: Louis Henkin
Publisher: Routledge
Total Pages: 195
Release: 2019-09-30
Genre: Social Science
ISBN: 100030518X

This book analyzes the evolution of the idea of human rights, the "universalization" of human rights as reflected in the spread of "constitutionalism" to almost all states. It focuses on the conditions that must exist if the rights of men and women are to be more secure in the future.

Constitutionalism, Human Rights, and Islam after the Arab Spring

Constitutionalism, Human Rights, and Islam after the Arab Spring
Author: Rainer Grote
Publisher: Oxford University Press
Total Pages: 993
Release: 2016-07-25
Genre: Law
ISBN: 0190627654

Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.

Social and Economic Rights in Theory and Practice

Social and Economic Rights in Theory and Practice
Author: Helena Alviar García
Publisher: Routledge
Total Pages: 344
Release: 2014-09-19
Genre: Law
ISBN: 1317964438

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

What's Wrong with Rights?

What's Wrong with Rights?
Author: Radha D'Souza
Publisher:
Total Pages: 0
Release: 2018
Genre: Human rights
ISBN: 9781783717279

Rights occupy a strange position in global politics. On the one hand, they're used by business and governments as a justification for globalization--if the spread of corporate capitalism also helps lead to improvements in human rights, then globalization must be good, right? At the same time, though, even those on the left who are skeptical of that discourse tend to hew to a belief in rights themselves, like the right to food, medicine, housing, free speech, assembly, and religion. How can these conflicting attitudes towards rights be reconciled? Radha D'Souza lays out the problem and the solution in this book, applying legal thought to human rights to bridge the gap between rights in the abstract and their institutional context. Through close looks at real struggles, D'Souza shows how the left around the world can develop new strategies and tactics to achieve the goals embodied by rights discourse without giving cover to globalization.

Human Rights In A Changing World

Human Rights In A Changing World
Author: P Sukumar Nair
Publisher: Gyan Publishing House
Total Pages: 392
Release: 2011
Genre: Environmental protection
ISBN: 9788178359014

Papers presented at the National Seminar on 'Human Rights in a Changing World', held at Pandalam.

Living Originalism

Living Originalism
Author: Jack M. Balkin
Publisher: Harvard University Press
Total Pages: 430
Release: 2014-09-01
Genre: Law
ISBN: 0674261895

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Law's Promise, Law's Expression

Law's Promise, Law's Expression
Author: Kenneth L. Karst
Publisher: Yale University Press
Total Pages: 338
Release: 1993-01-01
Genre: Political Science
ISBN: 9780300065077

In this text, a constitutional law scholar argues that most of the social issues agenda for law violates the constitutional principle of equal citizenship. The conservative social issues agenda is targeted at voters who have felt left out by other civil rights movements.