Fundamental Rights And The Constitution
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Fundamental Rights And Constitutional Remedies
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Author : Velandai Gopalayyar Ramachandran
language : en
Publisher:
Release Date : 1968
Fundamental Rights And Constitutional Remedies written by Velandai Gopalayyar Ramachandran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Civil rights categories.
Fundamental Rights And The Constitution
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Author : R. K. W. Goonesekere
language : en
Publisher:
Release Date : 1988
Fundamental Rights And The Constitution written by R. K. W. Goonesekere and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Civil rights categories.
Abuse
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Author : András Sajó
language : en
Publisher: Eleven International Publishing
Release Date : 2006
Abuse written by András Sajó and has been published by Eleven International Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Abuse of rights categories.
This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Fundamental Rights And Their Enforcement
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Author : Udai Raj Rai
language : en
Publisher: PHI Learning Pvt. Ltd.
Release Date : 2011
Fundamental Rights And Their Enforcement written by Udai Raj Rai and has been published by PHI Learning Pvt. Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Center for Public Policy and Governance categories.
La 4e de couverture indique : "India is credited with having one of the finest democratic constitutions in the world. And rightly so. For, even though the Indian Constitution has undergone many amendments and has been subjected to a lot of criticism, it has stood the test of time and has emerged as the beacon of hope, ensuring liberty, equality and justice to the citizens. It is in this context this comprehensive and systemically organized book on Fundamental Rights and Their Enforcement, written by Prof. Udai Raj Rai, an eminent academic with great legal acumen, becomes so significant. The book is a study on the fundamental rights guaranteed under Part III of the Constitution. Divided into 15 chapters aEUR" each chapter is again divided into parts aEUR" the book discusses in detail Liberty-based rights such as right to freedom of expression and other article 19 rights; life and personal liberty; preventive detention, capital punishment and prisoneraEUR s rights; and freedom of religion. Then it goes on to give an in-depth analysis of Equality-based rights aEUR" equality before law; non-discrimination and equal opportunity; social reservation; Liberty and Equality-based-rights aEUR" social equality and right to education as well as minority rights to establish and administer educational institutions. The book concludes with a comprehensive coverage on reach of fundamental rights; its violation; enforcement of the rights; Directive Principles of State Policy; and the fundamental duties of citizens. The book being a juridical study, the emphasis throughout is on analytical and critical study of important Supreme Court judgments. So, such major judgments as A.K. Gopalan and Maneka are highlighted. The distinction between pre-Maneka and post-Maneka jurisprudence is also clearly brought out. Besides, there is an elaborate discussion on the right to information, special problems regarding media freedom, and the Law of Contempt of Court which, the author feels, needs amendment. This well-balanced and well-researched book is intended as a text for postgraduate students of law (LL.M.) and as a reference for undergraduate students of law (LL.B., BA LL.B.). It should also serve as a valuable reference to lawyers, judges, and the teaching community. KEY FEATURES : Gives an analytical and critical study of Supreme Court judgments in relation to fundamental rights. Highlights the need for testing the laws on the touchstone of Secularism. Shows the need for balancing the StateaEUR s regulatory power and educational rights of the minorities. Gives recent Supreme Court decisions in the Addenda at the end of the book"
Poverty And Fundamental Rights
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Author : David Bilchitz
language : en
Publisher: OUP Oxford
Release Date : 2007-02-22
Poverty And Fundamental Rights written by David Bilchitz and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-22 with Law categories.
This book addresses the pressing issue of severe poverty and inequality, and questions why violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus on the right to food, to housing, and to health care. Part I involves the development of a philosophical theory of rights that provides a common normative foundation for both civil and political rights and socio-economic rights. This theory involves developing an understanding of value that recognizes individuals have fundamental interests of differing levels of urgency. It also involves drawing an important distinction between conditional rights that flow purely from a normative focus on the equal importance of individuals and unconditional rights that involve competing normative and pragmatic considerations. A general theory of judicial review is also put forward that provides a justification for judicial involvement in the enforcement of socio-economic rights. Part II then considers the implications of this general philosophical theory for the interpretation and enforcement of socio-economic rights in law. The focus of this more applied discussion is upon South Africa, where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution. The current approach of the South African Constitutional Court to their interpretation and enforcement is considered and criticized primarily for failing to provide sufficient content to such rights. A modified version of the minimum core approach to socio-economic rights is proposed as an alternative way which is supported by the philosophical theory developed in the first part of the book. This approach requires priority to be given to the worst off in society through placing a heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme poverty.
Fundamental Rights Under The Constitution Of India
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Author : Koka Subba Rao
language : en
Publisher:
Release Date : 1966
Fundamental Rights Under The Constitution Of India written by Koka Subba Rao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Civil rights categories.
Arguing Fundamental Rights
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Author : Agustín J. Menéndez
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-11-22
Arguing Fundamental Rights written by Agustín J. Menéndez 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 2006-11-22 with Law categories.
This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
The Convergence Of The Fundamental Rights Protection In Europe
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Author : Rainer Arnold
language : en
Publisher: Springer
Release Date : 2016-04-05
The Convergence Of The Fundamental Rights Protection In Europe written by Rainer Arnold and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-05 with Law categories.
The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Fundamental Rights And Directive Principles In India
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Author : Suresh Mani Tripathi
language : en
Publisher: Anchor Academic Publishing
Release Date : 2016-07
Fundamental Rights And Directive Principles In India written by Suresh Mani Tripathi and has been published by Anchor Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07 with Law categories.
The Constitution of India is a social document which contains various aspects of ideas of the Founding Fathers. The preambular promise of socio-economic justice has been incorporated by the Founding Fathers in various provisions of Part 3 and Part 4 of the Constitution which represents the Fundamental Rights and Directive Principles of State Policy respectively. This book contains the meaning, concept and development of Fundamental Rights and Directive Principles of State Policy. An attempt has been made in this book to present in a systematic manner the Fundamental Rights and Directive Principles of State Policy as embodied in the Constitution of India. The historical aspects of the subject have also been dealt with in a lucid and interesting manner. The changing dimensions of Fundamental Rights and Directive Principles of State Policy have also been dealt with in this book. Every point is explained with the help of new case law and articles of the Constitution.
Fundamental Rights In Sri Lanka
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Author : S. Sharvananda
language : en
Publisher:
Release Date : 1993
Fundamental Rights In Sri Lanka written by S. Sharvananda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Civil rights categories.