Constitutionalism And Human Rights

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Judges as Guardians of Constitutionalism and Human Rights

Author : Martin Scheinin
Publisher : Edward Elgar Publishing
ISBN 13 : 178536586X
Total Pages : 400 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Judges as Guardians of Constitutionalism and Human Rights by : Martin Scheinin

Download or read book Judges as Guardians of Constitutionalism and Human Rights written by Martin Scheinin and published by Edward Elgar Publishing. This book was released on 2016-04-29 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutionalism - Human Rights - Separation of Powers

Author : G. M. Pikis
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152415
Total Pages : 189 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Constitutionalism - Human Rights - Separation of Powers by : G. M. Pikis

Download or read book Constitutionalism - Human Rights - Separation of Powers written by G. M. Pikis and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.

The Promise of Human Rights

Author : Jamie Mayerfeld
Publisher : University of Pennsylvania Press
ISBN 13 : 0812248163
Total Pages : 320 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Promise of Human Rights by : Jamie Mayerfeld

Download or read book The Promise of Human Rights written by Jamie Mayerfeld and published by University of Pennsylvania Press. This book was released on 2016-05-27 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.

Constitutionalism - Human Rights - Separation of Powers

Author : Georghios M. Pikis
Publisher : BRILL
ISBN 13 : 9047410211
Total Pages : 188 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Constitutionalism - Human Rights - Separation of Powers by : Georghios M. Pikis

Download or read book Constitutionalism - Human Rights - Separation of Powers written by Georghios M. Pikis and published by BRILL. This book was released on 2006-08-02 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution incorporates human rights as a dominant feature of its order pervading every aspect of the law and has been the sole source of authority, with the Judiciary cast as a watchdog trusted to ensure that no branch of the State transgresses the boundaries of its powers. The book chronicles through the case law of the Supreme Court, a precedent of constitutionalism worthy of the attention of every scholar of constitutional law.

Constitutionalism and a Right to Effective Government?

Author : Vicki C. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1009178105
Total Pages : 281 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Constitutionalism and a Right to Effective Government? by : Vicki C. Jackson

Download or read book Constitutionalism and a Right to Effective Government? written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitution-making and Human Rights in the Sudans

Author : Lutz Oette
Publisher : Routledge
ISBN 13 : 1317227913
Total Pages : 218 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Constitution-making and Human Rights in the Sudans by : Lutz Oette

Download or read book Constitution-making and Human Rights in the Sudans written by Lutz Oette and published by Routledge. This book was released on 2018-12-20 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.

Islam, Constitutional Law and Human Rights

Author : Tommaso Virgili
Publisher : Routledge
ISBN 13 : 0429535090
Total Pages : 214 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Islam, Constitutional Law and Human Rights by : Tommaso Virgili

Download or read book Islam, Constitutional Law and Human Rights written by Tommaso Virgili and published by Routledge. This book was released on 2021-09-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with sharica and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers. Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between sharica and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts.

Human Rights and Constitution Making

Author :
Publisher : UN
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis Human Rights and Constitution Making by :

Download or read book Human Rights and Constitution Making written by and published by UN. This book was released on 2018 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Constitutional Protection of Human Rights in Latin America

Author : Allan R. Brewer-Carías
Publisher : Cambridge University Press
ISBN 13 : 0521492025
Total Pages : 450 pages
Book Rating : 4.5/5 (214 download)

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Book Synopsis Constitutional Protection of Human Rights in Latin America by : Allan R. Brewer-Carías

Download or read book Constitutional Protection of Human Rights in Latin America written by Allan R. Brewer-Carías and published by Cambridge University Press. This book was released on 2009 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the amparo proceeding. It analyzes the regulations of the seventeen amparo statutes in force in Latin America, as well as the regulation on the amparo guarantee established in Article 25 of the American Convention of Human Rights.

The Constitution of Freedom

Author : András Sajó
Publisher : Oxford University Press
ISBN 13 : 0198732171
Total Pages : 500 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Constitution of Freedom by : András Sajó

Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Constitutionalism and Human Rights

Author : Kenneth W. Thompson
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Constitutionalism and Human Rights by : Kenneth W. Thompson

Download or read book Constitutionalism and Human Rights written by Kenneth W. Thompson and published by . This book was released on 1991 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A bicentennial colloquium at the Miller Center."--T.p.

How Constitutional Rights Matter

Author : Adam Chilton
Publisher : Oxford University Press, USA
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Political Constitutionalism

Author : Richard Bellamy
Publisher : Cambridge University Press
ISBN 13 : 1139467913
Total Pages : 280 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Political Constitutionalism by : Richard Bellamy

Download or read book Political Constitutionalism written by Richard Bellamy and published by Cambridge University Press. This book was released on 2007-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Eternity Clauses in Democratic Constitutionalism

Author : Silvia Suteu
Publisher : Oxford University Press
ISBN 13 : 0192602608
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu

Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-05-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

Constitutionalism, Human Rights, and Islam After the Arab Spring

Author : Rainer Grote
Publisher : Oxford University Press
ISBN 13 : 0190627646
Total Pages : 993 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Constitutionalism, Human Rights, and Islam After the Arab Spring by : Rainer Grote

Download or read book Constitutionalism, Human Rights, and Islam After the Arab Spring written by Rainer Grote and published by Oxford University Press. This book was released on 2016 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 collection of essays, written by an expert team of constitutional and comparative law scholars and practitioners, provides an overview of the recent constitutional experience of Arab countries, explores the potential and actual impact of Islam and Sharia on the notion of modern cons.

How Constitutional Rights Matter

Author : Adam Chilton
Publisher : Oxford University Press
ISBN 13 : 0190871466
Total Pages : 280 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press. This book was released on 2020-06-19 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Global Model of Constitutional Rights

Author : Kai Möller
Publisher : Oxford University Press
ISBN 13 : 0199664609
Total Pages : 239 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Global Model of Constitutional Rights by : Kai Möller

Download or read book The Global Model of Constitutional Rights written by Kai Möller and published by Oxford University Press. This book was released on 2012-10-25 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.