The Constitution Of Silence
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| Author | : Hannah Quirk |
| Publisher | : Routledge |
| Total Pages | : 226 |
| Release | : 2016-11-25 |
| Genre | : Law |
| ISBN | : 113600808X |
Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.
| Author | : Louis Michael Seidman |
| Publisher | : |
| Total Pages | : 264 |
| Release | : 2022 |
| Genre | : LAW |
| ISBN | : 9780804763196 |
"You have the right to remain silent." These words, drawn from the Supreme Court's famous decision in Miranda v. Arizona, have had a tremendous impact on the public imagination. But what a strange right this is. Of all the activities that are especially worthy of protection, that define us as human beings, foster human potential, and symbolize human ambition, why privilege silence? This thoughtful and iconoclastic book argues that silence can be an expression of freedom. A defiant silence demonstrates determination, courage, and will. Martyrs from a variety of faith traditions have given up their lives rather than renounce their god. During the Vietnam era, thousands of anonymous draft resisters refused to take the military oath that was a prelude to participating in what they believed was an immoral war. These silences speak to us. They are a manifestation of connection, commitment, and meaning. This link between silence and freedom is apparent in a variety of different contexts, which Seidman examines individually, including silence and apology, silence and self-incrimination, silence and interrogation, silence and torture, and silence and death. In discussing the problem of apology, for example, the author argues that although apology plays a crucial role in maintaining the illusion of human connection, the right to not apologize is equally crucial. Similarly, prohibition against torture--so prominent in national debate since the events of Guantanamo and Abu Ghraib--is best understood as a right to silence, essential in preserving the distinction between mind and body on which human freedom depends.
| Author | : László Sólyom |
| Publisher | : University of Michigan Press |
| Total Pages | : 444 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : 9780472109654 |
Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
| Author | : Flemming Rose |
| Publisher | : Cato Institute |
| Total Pages | : 264 |
| Release | : 2016-05-10 |
| Genre | : Political Science |
| ISBN | : 1944424237 |
Journalists face constant intimidation. Whether it takes the extreme form of beheadings, death threats, government censorship or simply political correctness—it casts a shadow over their ability to tell a story. When the Danish newspaper Jyllands-Posten published the cartoons of the prophet Muhammad nine years ago, Denmark found itself at the center of a global battle about the freedom of speech. The paper's culture editor, Flemming Rose, defended the decision to print the 12 drawings, and he quickly came to play a central part in the debate about the limitations to freedom of speech in the 21st century. In The Tyranny of Silence, Flemming Rose writes about the people and experiences that have influenced his understanding of the crisis, including meetings with dissidents from the former Soviet Union and ex-Muslims living in Europe. He provides a personal account of an event that has shaped the debate about what it means to be a citizen in a democracy and how to coexist in a world that is increasingly multicultural, multireligious, and multiethnic.
| Author | : Mary Anne Franks |
| Publisher | : Stanford University Press |
| Total Pages | : 310 |
| Release | : 2019-05-14 |
| Genre | : Political Science |
| ISBN | : 1503609103 |
“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
| Author | : T. S. Eliot |
| Publisher | : HarperCollins |
| Total Pages | : 65 |
| Release | : 2014-03-10 |
| Genre | : Poetry |
| ISBN | : 0547539703 |
The last major verse written by Nobel laureate T. S. Eliot, considered by Eliot himself to be his finest work Four Quartets is a rich composition that expands the spiritual vision introduced in “The Waste Land.” Here, in four linked poems (“Burnt Norton,” “East Coker,” “The Dry Salvages,” and “Little Gidding”), spiritual, philosophical, and personal themes emerge through symbolic allusions and literary and religious references from both Eastern and Western thought. It is the culminating achievement by a man considered the greatest poet of the twentieth century and one of the seminal figures in the evolution of modernism.
| Author | : Joseph F. Zimmerman |
| Publisher | : State University of New York Press |
| Total Pages | : 298 |
| Release | : 2012-02-01 |
| Genre | : Political Science |
| ISBN | : 0791479668 |
The Silence of Congress is the first book to examine state taxation of interstate commerce and the relative inactivity on the part of Congress to regulate such commerce. As states actively seek to maximize tax revenues, congressional silence has affected both citizens and corporations and resulted in myriad tax inequalities from one state to another on such things as personal income, estates, cigarettes and alcoholic beverages, tourism, and even visiting athlete status. Inconsistencies also affect a state's ability to attract and hold lucrative business investments such as sports franchises and gambling facilities. Noting that Congress has been slow to take advantage of the broad powers granted it by the United States Constitution in this area, Joseph F. Zimmerman evaluates the usefulness of Adam Smith's four universally acclaimed maxims of fair taxation and recommends changes to ground rules that would increase cooperation between states while aiding in the creation of a more perfect economic union.
| Author | : G25 Malaysia |
| Publisher | : Marshall Cavendish International Asia Pte Ltd |
| Total Pages | : 300 |
| Release | : 2015-12-15 |
| Genre | : Political Science |
| ISBN | : 9814721999 |
On 7 December 2014, a group of 25 prominent Malays (G25) issued an open call for moderate Malays and Muslims to speak out against the hate speeches targeted at non-Muslims by supremacist groups. They stressed that the extremist and intolerant voices do not speak for the general Muslim community, and they called for a review of Shariah law and civil law to be in line with the supremacy of the Federal Constitution. Will it be possible to arrest these destructive forces that are taking control of the future wellbeing of Malaysia? The G25 hopes it would, and that this book will bring greater awareness of the dangers that are tearing apart Malaysian's social fabric. In this important volume, 22 leading academics, lawyers and social activists discuss the impact of Islamic bureaucracy in Malaysia and its consistency with the provisions of the Federal Constitution. They also address the socio-political dimensions and cultural-economic implications on Malaysian society. The Contributors Dr Asiah Abu Samah Dr Asma Abdullah Aston Paiva Dr Azmi Sharom Dr Chandra Muzaffar Farouk A. Peru Fawza Sabila Faudzi Firdaus Husni Koh Kek Hoe Lim Heng Seng Dr Maszlee Malik Mohd Afif bin Daud Dr Mohd Azizuddin Mohd Sani Mohd Sheriff Mohd Kassim Dr Mohd Nawab Osman Nizam Bashir Ranita Hussein Rosli Dahlan Dr Shad Saleem Faruqi Shazal Yusuf Zain Dr Syed Farid Alatas Zainah Anwar
| Author | : David Waldstreicher |
| Publisher | : Macmillan + ORM |
| Total Pages | : 205 |
| Release | : 2010-06-15 |
| Genre | : History |
| ISBN | : 142995907X |
“A historian finds the seeds of an inevitable civil war embedded in the ‘contradictions, ambiguities, and silences’ about slavery in the Constitution.” —Kirkus Reviews Taking on decades of received wisdom, David Waldstreicher has written the first book to recognize slavery’s place at the heart of the US Constitution. Famously, the Constitution never mentions slavery. And yet, of its eighty-four clauses, six were directly concerned with slaves and the interests of their owners. Five other clauses had implications for slavery that were considered and debated by the delegates to the 1787 Constitutional Convention and the citizens of the states during ratification. Slavery was as important to the making of the Constitution as the Constitution was to the survival of slavery. By tracing slavery from before the revolution, through the Constitution’s framing, and into the public debate that followed, Waldstreicher rigorously shows that slavery was not only actively discussed behind the closed and locked doors of the Constitutional Convention, but that it was also deftly woven into the Constitution itself. For one thing, slavery was central to the American economy, and since the document set the stage for a national economy, the Constitution could not avoid having implications for slavery. Even more, since the government defined sovereignty over individuals, as well as property in them, discussion of sovereignty led directly to debate over slavery’s place in the new republic. Finding meaning in silences that have long been ignored, Slavery’s Constitution is a vital and sorely needed contribution to the conversation about the origins, impact, and meaning of our nation’s founding document.
| Author | : Brian A. Nelson |
| Publisher | : ReadHowYouWant.com |
| Total Pages | : 642 |
| Release | : 2010-06 |
| Genre | : History |
| ISBN | : 1458777766 |
On April 11, 2002, nearly a million Venezuelans marched on the presidential palace to demand the resignation of President Hugo Chvez, Led by Pedro Carmona and Carlos Ortega, the opposition represented a cross-section of society furious with Chvez's economic policies, specifically his mishandling of the Venezuelan oil industry. But as the day progressed, the march turned violent, sparking a military revolt that led to the temporary ousting of Chvez. Over the ensuing, turbulent 72 hours, Venezuelans would confront the deep divisions within their society and ultimately decide the best course for their country - and its oil - in the new century. An exemplary piece of narrative journalism, The Silence and the Scorpion provides rich insight into the complexities of modern Venezuela.
