Social Rights And The Constitutional Moment

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Social Rights and the Constitutional Moment

Valentina Contreras,Magdalena Sepúlveda,Vicente Silva,Koldo Casla
Social Rights and the Constitutional Moment Book PDF

Author : Valentina Contreras,Magdalena Sepúlveda,Vicente Silva,Koldo Casla
Publisher : Unknown
Page : 320 pages
File Size : 46,6 Mb
Release : 2022
Category : Chile
ISBN : 150995192X

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Social Rights and the Constitutional Moment by Valentina Contreras,Magdalena Sepúlveda,Vicente Silva,Koldo Casla Pdf

"Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution. Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process. Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond."--

Social Rights and the Constitutional Moment

Koldo Casla,Magdalena Sepúlveda,Vicente Silva,Valentina Contreras
Social Rights and the Constitutional Moment Book PDF

Author : Koldo Casla,Magdalena Sepúlveda,Vicente Silva,Valentina Contreras
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 41,7 Mb
Release : 2022-06-02
Category : Law
ISBN : 9781509951918

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Social Rights and the Constitutional Moment by Koldo Casla,Magdalena Sepúlveda,Vicente Silva,Valentina Contreras Pdf

Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution. Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process. Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

Social Rights and the Constitutional Moment

Koldo Casla,Magdalena Sepúlveda,Vicente Silva,Valentina Contreras
Social Rights and the Constitutional Moment Book PDF

Author : Koldo Casla,Magdalena Sepúlveda,Vicente Silva,Valentina Contreras
Publisher : Bloomsbury Publishing
Page : 263 pages
File Size : 49,5 Mb
Release : 2022-06-02
Category : Law
ISBN : 9781509951901

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Social Rights and the Constitutional Moment by Koldo Casla,Magdalena Sepúlveda,Vicente Silva,Valentina Contreras Pdf

Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution. Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process. Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

Just Words

Joel Bakan
Just Words Book PDF

Author : Joel Bakan
Publisher : University of Toronto Press
Page : 272 pages
File Size : 40,8 Mb
Release : 2017-06-22
Category : Law
ISBN : 9781487516727

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Just Words by Joel Bakan Pdf

The Canadian Charter of Rights is composed of words that describe the foundations of a just society: equality, freedom, and democracy. These words of justice have inspired struggles for civil rights, self-determination, trade unionism, the right to vote, and social welfare. Why is it, then, that fifteen years after the entrenchment of the Charter, social injustice remains pervasive in Canada? Joel Bakan explains why the Charter has failed to promote social justice, and why it may even impede it. He argues that the Charter's fine-sounding words of justice are 'just words.' Freedom, equality and democracy are fundamental principles of social justice. The Canadian Charter of Rights and Freedoms entrenches them in Canada's highest law, the constitution. Yet the Charter has failed to promote social justice in Canada. In Just Words, Joel Bakan explains why. Sophisticated in its analyses but clearly written and accessible, Just Words is cutting-edge commentary by one of Canada's rising intellectuals.

Social Studies of Science and Technology: Looking Back, Ahead

B. Joerges,H. Nowotny
Social Studies of Science and Technology Looking Back Ahead Book PDF

Author : B. Joerges,H. Nowotny
Publisher : Springer Science & Business Media
Page : 312 pages
File Size : 40,7 Mb
Release : 2012-12-06
Category : Social Science
ISBN : 9789401001854

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Social Studies of Science and Technology: Looking Back, Ahead by B. Joerges,H. Nowotny Pdf

This volume brings together contributions that resemble spotlights thrown on the past twenty-five years of science and technology studies. It covers a broad range: history of science; science and politics; science and contemporary democracy; science and the public; science and the constitution; science and metaphors; and science and modernity and provides a critical overview of how the field of science and technology studies has emerged and developed.

India's Founding Moment

Madhav Khosla
India s Founding Moment Book PDF

Author : Madhav Khosla
Publisher : Unknown
Page : 241 pages
File Size : 47,7 Mb
Release : 2020
Category : Constitutional history
ISBN : 9780674980877

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India's Founding Moment by Madhav Khosla Pdf

"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Constitutional Amendments

Richard Albert
Constitutional Amendments Book PDF

Author : Richard Albert
Publisher : Oxford University Press
Page : 320 pages
File Size : 52,6 Mb
Release : 2019-07-15
Category : Law
ISBN : 9780190640491

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Constitutional Amendments by Richard Albert Pdf

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

A Fair Country

John Ralston Saul
A Fair Country Book PDF

Author : John Ralston Saul
Publisher : Penguin Canada
Page : 360 pages
File Size : 49,8 Mb
Release : 2009-09-22
Category : Political Science
ISBN : 9780143175339

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A Fair Country by John Ralston Saul Pdf

In this startlingly original vision of Canada, renowned thinker John Ralston Saul argues that Canada is a Métis nation, heavily influenced and shaped by Aboriginal ideas: Egalitarianism, a proper balance between individual and group, and a penchant for negotiation over violence are all Aboriginal values that Canada absorbed. An obstacle to our progress, Saul argues, is that Canada has an increasingly ineffective elite, a colonial non-intellectual business elite that doesn't believe in Canada. It is critical that we recognize these aspects of the country in order to rethink it's future.

Constitutional Moments

Anonim
Constitutional Moments Book PDF

Author : Anonim
Publisher : BRILL
Page : 541 pages
File Size : 45,9 Mb
Release : 2024-03-21
Category : History
ISBN : 9789004549159

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Constitutional Moments by Anonim Pdf

“Constitution” is a rich term in Western political culture, encompassing political and juridical doctrine as well as government practices through the ages. This volume examines “constitutional moments” in history, those occasions or episodes when significant steps were taken in the definition or redefinition of polities. Their actors were writers or politicians, rulers or ruled, who found inspiration in a distant past or instead looked towards a future to be drawn anew. This book sheds light on such moments from Ancient Greece to the present day, mostly in Europe but also in the Ottoman world and the Americas, thereby uncovering a revealing variety of constitutional thinking and action throughout history. Contributors are: Jon Arrieta, Niall Bond, Luc Brisson, Peter Cholakov, Nora Chonowski, Angela De Benedictis, F. Sinem Eryilmaz, Hakon Evju, Pablo Fernández Albaladejo, Javier Fernández Sebastián, Merieke Gebhardt, Xavier Gil, Mark J. Hill, Ferenc Hörcher, Jaska Kainulainen, Thomas Lorman, Adriana Luna-Fabritius, Ere Nokkala, Brian Kjaer Olesen, András Pap, Nikola Regent, Alberto Mariano Rodríguez Martínez, Pablo Sánchez León, José Reis Santos, and Ersin Yildiz.

Defending Checks and Balances in EU Member States

Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Defending Checks and Balances in EU Member States Book PDF

Author : Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher : Springer Nature
Page : 478 pages
File Size : 55,6 Mb
Release : 2021-01-05
Category : Law
ISBN : 9783662623176

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Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Pdf

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Critical Theory and Legal Autopoiesis

Gunther Teubner
Critical Theory and Legal Autopoiesis Book PDF

Author : Gunther Teubner
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2023-08-08
Category : Electronic
ISBN : 1526107236

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Critical Theory and Legal Autopoiesis by Gunther Teubner Pdf

This volume collects and revises the key essays of Gunther Teubner, one of the world?s leading sociologists of law. Written over the past twenty years, these essays examine the?dark side? of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner?s claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.

The Financial Crisis in Constitutional Perspective

Poul F Kjaer,Gunther Teubner,Alberto Febbrajo
The Financial Crisis in Constitutional Perspective Book PDF

Author : Poul F Kjaer,Gunther Teubner,Alberto Febbrajo
Publisher : Bloomsbury Publishing
Page : 464 pages
File Size : 49,7 Mb
Release : 2011-07-27
Category : Law
ISBN : 9781847316660

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The Financial Crisis in Constitutional Perspective by Poul F Kjaer,Gunther Teubner,Alberto Febbrajo Pdf

This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.

Democratic Experimentalism

Brian E. Butler
Democratic Experimentalism Book PDF

Author : Brian E. Butler
Publisher : Rodopi
Page : 321 pages
File Size : 53,7 Mb
Release : 2013
Category : Philosophy
ISBN : 9789401209267

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Democratic Experimentalism by Brian E. Butler Pdf

This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.

Reframing Rights

Sheila Jasanoff
Reframing Rights Book PDF

Author : Sheila Jasanoff
Publisher : MIT Press
Page : 321 pages
File Size : 52,6 Mb
Release : 2011-07-22
Category : Science
ISBN : 9780262297783

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Reframing Rights by Sheila Jasanoff Pdf

Investigations into the interplay of biological and legal conceptions of life, from government policies on cloning to DNA profiling by law enforcement. Legal texts have been with us since the dawn of human history. Beginning in 1953, life too became textual. The discovery of the structure of DNA made it possible to represent the basic matter of life with permutations and combinations of four letters of the alphabet, A, T, C, and G. Since then, the biological and legal conceptions of life have been in constant, mutually constitutive interplay—the former focusing on life's definition, the latter on life's entitlements. Reframing Rights argues that this period of transformative change in law and the life sciences should be considered “bioconstitutional.” Reframing Rights explores the evolving relationship of biology, biotechnology, and law through a series of national and cross-national case studies. Sheila Jasanoff maps out the conceptual territory in a substantive editorial introduction, after which the contributors offer “snapshots” of developments at the frontiers of biotechnology and the law. Chapters examine such topics as national cloning and xenotransplant policies; the politics of stem cell research in Britain, Germany, and Italy; DNA profiling and DNA databases in criminal law; clinical trials in India and the United States; the GM crop controversy in Britain; and precautionary policymaking in the European Union. These cases demonstrate changes of constitutional significance in the relations among human bodies, selves, science, and the state.

Routledge Handbook of Constitutional Law

Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Routledge Handbook of Constitutional Law Book PDF

Author : Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Publisher : Routledge
Page : 504 pages
File Size : 41,5 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135100193

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Routledge Handbook of Constitutional Law by Mark Tushnet,Thomas Fleiner,Cheryl Saunders Pdf

The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.