Democratic Rights
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Democratic Rights
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Author : Corey Brettschneider
language : en
Publisher: Princeton University Press
Release Date : 2010-10-10
Democratic Rights written by Corey Brettschneider and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-10 with Law categories.
When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.
Violation Of Democratic Rights In India
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Author : Akshayakumar Ramanlal Desai
language : en
Publisher: Popular Prakashan
Release Date : 1986
Violation Of Democratic Rights In India written by Akshayakumar Ramanlal Desai and has been published by Popular Prakashan this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Civil rights categories.
Human Rights Democratic Rights And Popular Protest
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Author : Siddhārtha Guharāẏa
language : en
Publisher:
Release Date : 2001
Human Rights Democratic Rights And Popular Protest written by Siddhārtha Guharāẏa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Civil rights categories.
In the Indian context.
What Is The League For Democratic Rights
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Author : League for Democratic Rights
language : en
Publisher:
Release Date : 1951*
What Is The League For Democratic Rights written by League for Democratic Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1951* with Civil rights categories.
Democratic Rights
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Author : Corey Lang Brettschneider
language : en
Publisher:
Release Date : 2007
Democratic Rights written by Corey Lang Brettschneider and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Political Science categories.
When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.
The Human Right To Democracy
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Author : Anita Horn
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2019-12-02
The Human Right To Democracy written by Anita Horn and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Philosophy categories.
The Human Right to Democracy is the first major study to offer a comprehensive and up-to-date account of the debate. It reconstructs the relevant positions in that debate, identifies the key points of disagreement, and proposes an understanding of the human right to democracy that might form the basis of a wide consensus. The book rejects the idea of a comprehensive right to democratic institutions, and instead argues for a minimal “human right to democracy” which is best understood as an individual’s right to voice. The human right to voice is a right, enjoyed by any individual independently of his or her place of residence or nationality, to be heard and supported in cases of severe injustice that is tolerated or condoned by the political community or polity of which the individual is a member. By bringing together human rights discourse and democratic theory, as well as taking into account practical politics, this study broadens the scope of the debatefrom a sometimes overly-narrow focus. The book is of interest not only to political philosophers, but also to international lawyers, diplomats, representatives of civil society, human rights activists, and specialists in development economics.
Making Rights Claims
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Author : Karen Zivi
language : en
Publisher: OUP USA
Release Date : 2012-01-19
Making Rights Claims written by Karen Zivi and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-19 with Law categories.
Is the act of rights claiming a form of political contestation that advances democracy? Rather than simply taking a side for or against rights claiming, Making Rights Claims argues that understanding and assessing the relationship between rights and democracy requires a new approach to the study of rights. Zivi combines insights from speech act theory with recent developments in democratic and feminist thought to develop a theory of the performativity of rights claiming.
Democracy And The Right To Vote
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Author : Yasmin Dawood
language : en
Publisher:
Release Date : 2014
Democracy And The Right To Vote written by Yasmin Dawood and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This Article advances a new analytic framework for the Supreme Court of Canada's theory of democracy and the right to vote. After setting forth the Court's general approach to democracy, I argue, first, that the Court has adopted a “bundle of democratic rights” approach to its understanding of the right to vote. By this I mean that the Court has interpreted the right to vote as consisting of multiple democratic rights, each of which is concerned with a particular facet of democratic governance. Second, I claim that the democratic rights recognized by the Court are best understood as “structural rights.” In its law of democracy decisions, the Court is attuned to the structural dimension of democratic rights because it recognizes that an individual's exercise of his or her rights takes place within an existing organization of social and political power. Structural rights theory thus offers a new way to account for the individual and institutional dimension of democratic rights. I argue that the Court's recognition of multiple democratic rights, and its attention to the structural dimension of these rights, has enabled it to regulate the democratic process as a whole. This Article examines how the Court has regulated a wide array of complex issues - such as the structure of representation, electoral redistricting, the role of money in elections, individual participation, political equality, and the regulation of political parties - by using the mechanism of rights. It also shows how many of the internal tensions in the Court's law of democracy decisions have their roots in conflicts among these democratic rights. Instead of suppressing these conflicts, I claim that the Court should render them transparent and provide a justification for the resolution it ultimately reaches. In sum, the Supreme Court's approach to democracy and the right to vote provides a useful paradigm for courts in other jurisdictions that are likewise faced with the complexity of supervising the democratic process.
A Charter Of Democratic Rights
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Author : Communist Party of Great Britain
language : en
Publisher:
Release Date : 1979-01-01
A Charter Of Democratic Rights written by Communist Party of Great Britain and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979-01-01 with Democracy categories.
Democracy Protest And The Law
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Author : Michael Head
language : en
Publisher: Taylor & Francis
Release Date : 2024-03-29
Democracy Protest And The Law written by Michael Head and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-29 with Law categories.
In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. These states are frequently held up as models of liberal democracies, respecting core legal and democratic rights. However, an examination shows that they have adopted far-reaching anti-protest laws and other provisions that threaten protest rights and genuine democracy itself. This book will be of interest to all members of society, as well as students, academics and policy-makers in the fields of civil liberties and human rights, constitutional law, criminal justice, national security and environmental studies.