The Constitution Of Rights
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The Heart Of The Constitution
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Author : Gerard N. Magliocca
language : en
Publisher: Oxford University Press
Release Date : 2018
The Heart Of The Constitution written by Gerard N. Magliocca 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 with History categories.
"This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten amendments the Bill of Rights. When they did after 1900, the Bill of Rights was usually invoked to increase rather than limit federal authority"--
How Constitutional Rights Matter
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Author : Adam Chilton
language : en
Publisher: Oxford University Press
Release Date : 2020-06-19
How Constitutional Rights Matter written by Adam Chilton 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 2020-06-19 with Law categories.
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.
Citizen S Guide To Individual Rights Under The Constitution Of The United States Of America
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
language : en
Publisher:
Release Date : 1976
Citizen S Guide To Individual Rights Under The Constitution Of The United States Of America written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Civil rights categories.
Civil Rights 1959
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
language : en
Publisher:
Release Date : 1959
Civil Rights 1959 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1959 with Civil rights categories.
Considers (86) S. 435, (86) S. 456, (86) S. 499, (86) S. 810, (86) S. 957, (86) S. 958, (86) S. 959, (86) S. 960, (86) S. 1084, (86) S. 1199, (86) S. 1277, (86) S. 1848, (86) S. 1998, (86) S. 2001, (86) S. 2002, (86) S. 2003, (86) S. 2041.
The Constitution Of Rights
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Author : Michael J. Meyer
language : en
Publisher:
Release Date : 1992
The Constitution Of Rights written by Michael J. Meyer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with History categories.
This volume presents essays on the place of "dignity" or "human dignity" in the moral and juridical universe of the U.S. Constitution. It is dedicated to William J. Brennan, Jr., whose tenure as a Supreme Court associate justice marks the high point of efforts to include the idea of dignity as "implicit in the scheme of ordered liberty" that is part "of the deepest held conviction of a civilized people." The essays are of two kinds: efforts to define human dignity, or studies of human dignity as a principle in the structure of liberty found in the Bill of Rights and the Civil War amendments. The essays argue for the recognition of the idea of dignity as part of the very foundation of the constitution of rights, liberties, and obligations celebrated in the 1991 bicentennial of the Bill of Rights. An exception is a vintage piece by Raoul Berger, in which he rejects Brennan's approach to constitutional interpretation. ISBN 0-8014-2650-2: $32.50.
Constitutional Rights What They Are And What They Ought To Be
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Author : Carl Wellman
language : en
Publisher: Springer
Release Date : 2016-05-12
Constitutional Rights What They Are And What They Ought To Be written by Carl Wellman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-12 with Philosophy categories.
This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.
Justice In The United States
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Author : Judith Blau
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2006-03-03
Justice In The United States written by Judith Blau and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-03 with Political Science categories.
Justice in the U.S. is a sequel to Human Rights: Beyond the Liberal Vision, and the second in a trilogy on human rights. The Bill of Rights of the U.S. Constitution explicitly clarifies the personal political and civil rights of persons, and by court interpretation, the rights of corporations. Yet in the twentieth century, following World War II, most world leaders reached the conclusion that political and civil rights were not sufficient and they had to be supplemented with additional rights that would protect their citizens and create more robust societies. By the end of the century, most countries had amended their constitutions to include many other rights, notably those pertaining to social security, health care, housing, decent jobs, women, minorities, cultural and language rights, and environmental protections. This amounted to nothing less than a worldwide constitutional revolution, but it has gone largely unnoticed in the United States. In this volume, the authors compare the constitutional provisions of different nation-states and summarize some of the relevant United Nations' human rights declarations and treaties. To encourage US citizens to think critically about their Constitution in light of the constitutions of other states, the authors present a draft revision of the U.S. Constitution. Of course, revision of the Constitution must be a comprehensively a democratic process, and the authors wish to show how this process might begin.
Human Rights Of By And For The People
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Author : Keri E. Iyall Smith
language : en
Publisher: Routledge
Release Date : 2017-02-03
Human Rights Of By And For The People written by Keri E. Iyall Smith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-03 with Social Science categories.
Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These—the oldest governing documents still in use in the world—urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.
The Constitution And Civil Rights
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Author : Milton Ridvas Konvitz
language : en
Publisher:
Release Date :
The Constitution And Civil Rights written by Milton Ridvas Konvitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Civil rights categories.
Silent Rights
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Author : Calvin R. Massey
language : en
Publisher:
Release Date : 1995
Silent Rights written by Calvin R. Massey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with History categories.
The right to be presumed innocence; the right to privacy; the right to equal protection under the law; the right to travel, marry, or have children and the right of a woman to terminate her pregnancy—these are a few of the many constitutional rights never mentioned explicitly in the Constitution. Such rights can be, but often aren't, supported by invoking the Ninth Amendment. Because of its open-endedness, the Ninth Amendment is still mired in an ill-fated perception as a constitutional nonentity and a legislative tradition that ignores its potential. As an antidote to this entrenched tradition, Calvin R. Massey presents a comprehensive and sensible account of how the Ninth Amendment could be, and has been, used to secure and preserve individual rights. For example, in a recent ruling the Supreme Court held that the right to terminate pregnancy was protected by the due process clause; in doing so, it cited the Ninth Amendment. By looking at such decisions and at its various interpretations in the literature, Massey explores the Ninth Amendment's original meaning and function, and the intention of its authors to prevent the creation of implied powers in the federal government and ensure that the bill of rights not become an exhaustive list of human rights. Massey presents a new method for recognizing implied constitutional rights and the possible contemporary role of the Ninth Amendment in constitutional law—a formula in which state constitutions would assume a larger role in fashioning unenumerated rights and the Supreme Court's voice would be less final. Author note:Calvin R. Masseyis Professor of Law at Hastings College of the Law, University of California, San Francisco, and the co-author ofThe California State Constitution.