Die Jellinek These Vom Religi Sen Ursprung Der Grundrechte
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Die Jellinek These Vom Religi Sen Ursprung Der Grundrechte
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Author : Annabelle Meier
language : de
Publisher: Mohr Siebeck
Release Date : 2023-06-28
Die Jellinek These Vom Religi Sen Ursprung Der Grundrechte written by Annabelle Meier and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-28 with Law categories.
Georg Jellinek zog 1895 aus der Rechtsentwicklung der amerikanischen Kolonialzeit den bahnbrechenden Schluss, dass die Grundrechte nicht ökonomischen oder politischen, sondern religiösen Ursprungs sind: nicht das Werk der Revolution, sondern der Reformation. Seit ihrer Publikation wird diese Deutung nicht nur in der Staatsrechtslehre kontrovers diskutiert. Annabelle Meier unterzieht die These einer eingehenden Analyse und Revision: Sie legt auf breiter Quellengrundlage dar, wie die Gewissensfreiheit bereits in der amerikanischen Kolonialzeit zur Anerkennung kam und verknüpft diesen realhistorischen Befund mit den grundrechtstheoretischen Implikationen der "Jellinek-These". Das Ergebnis eröffnet neue Perspektiven für die transatlantische Verfassungsgeschichte: Wenngleich sich die Annahme eines "Ur-Grundrechts" als zu weitgehend erweist, ist die Struktur moderner Grundrechte ohne die Rechtsentwicklung der amerikanischen Kolonialzeit nicht zu verstehen; damit bleibt Jellineks Deutung von unmittelbarer verfassungstheoretischer Relevanz.
Definition And Development Of Human Rights And Popular Sovereignty In Europe
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 2011-01-01
Definition And Development Of Human Rights And Popular Sovereignty In Europe written by European Commission for Democracy through Law and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Buddhist Approaches To Human Rights
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Author : Carmen Meinert
language : en
Publisher: Transcript Publishing
Release Date : 2010
Buddhist Approaches To Human Rights written by Carmen Meinert and has been published by Transcript Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
The demonstrations of monks in Tibet and Myanmar (Burma) in recent times as well as the age-old conflict between a predominantly Buddhist population and a Hindu minority in Sri Lanka raise the question of how the issues of human rights and Buddhism are related. The question applies both to the violation of basic rights in Buddhist countries and to the defence of those rights which are well-grounded in Buddhist teachings. The volume provides academic essays that reflect this up to now rather neglected issue from the point of view of the three main Buddhist traditions, Theravada, Mahayana and Vajrayana. It provides multi-faceted and surprising insights into a rather unlikely relationship.
Constitutional Democracy In Crisis
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Author : Mark A. Graber
language : en
Publisher: Oxford University Press
Release Date : 2018-08-23
Constitutional Democracy In Crisis written by Mark A. Graber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-23 with Law categories.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Protecting Motherhood
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Author : Robert G. Moeller
language : en
Publisher: Univ of California Press
Release Date : 2023-11-10
Protecting Motherhood written by Robert G. Moeller and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with categories.
Robert G. Moeller is the first historian of modern German women to use social policy as a lens to focus on society's conceptions of gender difference and "woman's place." He investigates the social, economic, and political status of women in West Germany after World War II to reveal how the West Germans, emerging from the rubble of the Third Reich, viewed a reconsideration of gender relations as an essential part of social reconstruction. The debate over "woman's place" in the fifties was part of West Germany's confrontation with the ideological legacy of National Socialism. At the same time, the presence of the Cold War influenced all debates about women and the family. In response to the "woman question," West Germans defined the boundaries not only between women and men, but also between East and West. Moeller's study shows that public policy is a crucial arena where women's needs, capacities, and possibilities are discussed, identified, defined, and reinforced. Nowhere more explicitly than in the first decade of West Germany's history did, in Joan Scott's words, "politics construct gender and gender construct politics." This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1993.
The Last Utopia
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Author : Samuel Moyn
language : en
Publisher: Harvard University Press
Release Date : 2012-03-05
The Last Utopia written by Samuel Moyn and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-05 with History categories.
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Buddhism And Human Rights
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Author : Wayne R. Husted
language : en
Publisher: Routledge
Release Date : 2012-12-06
Buddhism And Human Rights written by Wayne R. Husted and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.
It is difficult to think of a more urgent question for Buddhism in the late twentieth century than human rights. The political, ethical and philosophical questions surrounding human rights are debated vigorously in political and intellectual circles throughout the world and now in this volume.
The Rule Of Law History Theory And Criticism
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Author : Pietro Costa
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-06
The Rule Of Law History Theory And Criticism written by Pietro Costa and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-06 with Law categories.
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
How To Save A Constitutional Democracy
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Author : Tom Ginsburg
language : en
Publisher: University of Chicago Press
Release Date : 2018-10-05
How To Save A Constitutional Democracy written by Tom Ginsburg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-05 with Law categories.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
The Theory Of Social Democracy
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Author : Thomas Meyer
language : en
Publisher: John Wiley & Sons
Release Date : 2013-09-30
The Theory Of Social Democracy written by Thomas Meyer and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-30 with Political Science categories.
The ascendancy of neo-liberalism in different parts of the world has put social democracy on the defensive. Its adherents lack a clear rationale for their policies. Yet a justification for social democracy is implicit in the United Nations Covenants on Human Rights, ratified by most of the worlds countries. The covenants commit all nations to guarantee that their citizens shall enjoy the traditional formal rights; but they likewise pledge governments to make those rights meaningful in the real world by providing social security and cultural recognition to every person. This new book provides a systematic defence of social democracy for our contemporary global age. The authors argue that the claims to legitimation implicit in democratic theory can be honored only by social democracy; libertarian democracies are defective in failing to protect their citizens adequately against social, economic, and environmental risks that only collective action can obviate. Ultimately, social democracy provides both a fairer and more stable social order. But can social democracy survive in a world characterized by pervasive processes of globalization? This book asserts that globalization need not undermine social democracy if it is harnessed by international associations and leavened by principles of cultural respect, toleration, and enlightenment. The structures of social democracy must, in short, be adapted to the exigencies of globalization, as has already occurred in countries with the most successful social-democratic practices.
