Rights And Constitutionalism

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Constitutionalism and a Right to Effective Government?

Vicki C. Jackson,Yasmin Dawood
Constitutionalism and a Right to Effective Government Book PDF

Author : Vicki C. Jackson,Yasmin Dawood
Publisher : Cambridge University Press
Page : 281 pages
File Size : 53,9 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781009178105

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Constitutionalism and a Right to Effective Government? by Vicki C. Jackson,Yasmin Dawood Pdf

Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

Contested Constitutionalism

James B. Kelly,Christopher P. Manfredi
Contested Constitutionalism Book PDF

Author : James B. Kelly,Christopher P. Manfredi
Publisher : UBC Press
Page : 650 pages
File Size : 43,6 Mb
Release : 2010
Category : Law
ISBN : 9780774816762

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Contested Constitutionalism by James B. Kelly,Christopher P. Manfredi Pdf

The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.

From Dialogue to Disagreement in Comparative Rights Constitutionalism

Scott Stephenson
From Dialogue to Disagreement in Comparative Rights Constitutionalism Book PDF

Author : Scott Stephenson
Publisher : Holt Prize
Page : 243 pages
File Size : 43,6 Mb
Release : 2016
Category : Civil rights
ISBN : 1760020672

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From Dialogue to Disagreement in Comparative Rights Constitutionalism by Scott Stephenson Pdf

The bills of rights adopted in the Commonwealth countries of Canada, New Zealand, the United Kingdom and, at the subnational level, Australia in recent decades, have prompted scholars and institutional actors involved in the process of constitutional design and reform to rethink how to evaluate and compare the different approaches to human rights protection. They have challenged a number of assumptions in the field, for example, that courts must have the power to invalidate laws that are found to violate rights (ie courts can now be given non-binding powers), that courts must have the 'final word' on rights issues (ie legislatures can now be given the power to override judicial decisions) and that bills of rights are enforced exclusively by courts (ie legislators can now be given new responsibilities to ensure that the laws they enact are compatible with rights).This book addresses three questions arising from these developments. How do these new bills of rights differ from the traditional approaches to rights protection? Why, if at all, should we consider the Commonwealth's approach over the traditional approaches? What compromises must be struck in the course of adopting a bill of rights of this variety? In answering these questions, the book sets out a new framework for comparison that focuses on the types of inter-institutional disagreement facilitated by and found in the different approaches to rights protection. It also identifies a previously unrecognised element of the Commonwealth's approach - the normative trade-offs with other constitutional principles and values - that is pivotal to understanding its operation. Finally, it seeks to contribute to future debates about rights reform in Australia and elsewhere by setting out a number of lessons that emerge from the answers to these three questions.**Dr Scott Stephenson, From Dialogue to Disagreement in Comparative Rights Constitutionalism, was joint winner of the inaugural Holt Prize 2015.

How Constitutional Rights Matter

Adam Chilton,Mila Versteeg
How Constitutional Rights Matter Book PDF

Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press, USA
Page : 397 pages
File Size : 44,5 Mb
Release : 2020
Category : Law
ISBN : 9780190871451

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How Constitutional Rights Matter by Adam Chilton,Mila Versteeg Pdf

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.

Rights and Constitutionalism

Dawid Hercules Van Wyk
Rights and Constitutionalism Book PDF

Author : Dawid Hercules Van Wyk
Publisher : Unknown
Page : 792 pages
File Size : 49,9 Mb
Release : 1996
Category : Law
ISBN : UVA:X004045295

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Rights and Constitutionalism by Dawid Hercules Van Wyk Pdf

This major work, written by prominent South African academics, is an introduction to the new constitutional order in South Africa. It does not aim to provide a detailed commentary on fundamental rights in South Africa, but instead seeks to place the rights affirmed in the constitution in a comparative and international context. In doing so the book focuses upon the principles that form the foundation of the new constitutional order: the supremacy of the Constitution, the notion of a democratic constitutional state, and the judicial protection of fundamental rights. This is a book which will be of interest to all lawyers and political scientists particularly those interested in constitutionalism and constitutional litigation.

How Constitutional Rights Matter

Adam Chilton,Mila Versteeg
How Constitutional Rights Matter Book PDF

Author : Adam Chilton,Mila Versteeg
Publisher : Oxford University Press
Page : 280 pages
File Size : 46,9 Mb
Release : 2020-06-19
Category : Law
ISBN : 9780190871468

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How Constitutional Rights Matter by Adam Chilton,Mila Versteeg Pdf

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.

Digital Constitutionalism in Europe

Giovanni De Gregorio
Digital Constitutionalism in Europe Book PDF

Author : Giovanni De Gregorio
Publisher : Cambridge University Press
Page : 383 pages
File Size : 50,5 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316512777

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Digital Constitutionalism in Europe by Giovanni De Gregorio Pdf

How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.

The Global Model of Constitutional Rights

Kai Möller
The Global Model of Constitutional Rights Book PDF

Author : Kai Möller
Publisher : Oxford University Press
Page : 239 pages
File Size : 42,5 Mb
Release : 2012-10-25
Category : Law
ISBN : 9780199664603

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The Global Model of Constitutional Rights by Kai Möller Pdf

The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.

Democracy and Constitutions

Allan C. Hutchinson
Democracy and Constitutions Book PDF

Author : Allan C. Hutchinson
Publisher : University of Toronto Press
Page : 220 pages
File Size : 44,8 Mb
Release : 2021
Category : Constitutional law
ISBN : 9781487507930

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Democracy and Constitutions by Allan C. Hutchinson Pdf

Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Rights-Based Constitutional Review

John Bell,Marie-Luce Paris
Rights Based Constitutional Review Book PDF

Author : John Bell,Marie-Luce Paris
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 40,7 Mb
Release : 2016-04-29
Category : Law
ISBN : 9781784717612

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Rights-Based Constitutional Review by John Bell,Marie-Luce Paris Pdf

Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

Against Constitutionalism

Martin Loughlin
Against Constitutionalism Book PDF

Author : Martin Loughlin
Publisher : Harvard University Press
Page : 273 pages
File Size : 52,8 Mb
Release : 2022-05-17
Category : LAW
ISBN : 9780674268029

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Against Constitutionalism by Martin Loughlin Pdf

A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Judges as Guardians of Constitutionalism and Human Rights

Martin Scheinin,Helle Krunke,Marina Aksenova
Judges as Guardians of Constitutionalism and Human Rights Book PDF

Author : Martin Scheinin,Helle Krunke,Marina Aksenova
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 55,9 Mb
Release : 2016-04-29
Category : LAW
ISBN : 9781785365867

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Judges as Guardians of Constitutionalism and Human Rights by Martin Scheinin,Helle Krunke,Marina Aksenova Pdf

There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.

Rights and Democracy

Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt
Rights and Democracy Book PDF

Author : Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt
Publisher : AFRICAN SUN MeDIA
Page : 271 pages
File Size : 51,9 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9781919980027

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Rights and Democracy by Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt Pdf

The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.

Constitutionalism and Rights

Louis Henkin,Albert J. Rosenthal
Constitutionalism and Rights Book PDF

Author : Louis Henkin,Albert J. Rosenthal
Publisher : Columbia University Press
Page : 484 pages
File Size : 55,8 Mb
Release : 1990
Category : Law
ISBN : 0231065701

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Constitutionalism and Rights by Louis Henkin,Albert J. Rosenthal Pdf

Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.

Political Constitutionalism

Richard Bellamy
Political Constitutionalism Book PDF

Author : Richard Bellamy
Publisher : Cambridge University Press
Page : 280 pages
File Size : 46,9 Mb
Release : 2007-09-13
Category : Political Science
ISBN : 9781139467919

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Political Constitutionalism by Richard Bellamy Pdf

Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.