How Constitutional Rights Matter

For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens.

Author: Adam Chilton

Publisher: Oxford University Press, USA

ISBN: 0190871458

Category: Law

Page: 396

View: 159

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.

How Constitutional Rights Matter

For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens.

Author: Adam Chilton

Publisher: Oxford University Press

ISBN: 0190871474

Category: Law

Page: 280

View: 198

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.

When Constitutional Rights Matter

Drawing on global statistical analyses, case studies in Colombia, Myanmar, Poland, Russia, and Tunisia, and survey experiments in Turkey and the United States, this text examines this important topic.

Author: Adam S. Chilton

Publisher: Oxford University Press, USA

ISBN: 9780190871482

Category: Civil rights

Page:

View: 656

"This Book explores whether constitutionalizing rights improves respect for those rights in practice. Drawing on global statistical analyses, survey experiments in Turkey and the U.S, and case studies in Colombia, Myanmar, Poland, Russia, and Tunisia, the book advances three claims. 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, which is the case when citizens punish the government for rights violations. Doing so, however, is often difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others. Specifically, some rights come with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, or "organizational rights," such as the rights to religious freedom, unionize, and 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"--

Do Constitutional Rights Make a Difference

Although the question of whether constitutional rights matter is of great theoretical and practical importance, we know little about whether any constitutional rights actually improve rights in practice.

Author: Adam S. Chilton

Publisher:

ISBN:

Category: Civil rights

Page: 68

View: 498

Although the question of whether constitutional rights matter is of great theoretical and practical importance, we know little about whether any constitutional rights actually improve rights in practice. We test the effectiveness of six political rights. We hypothesize that 'organizational' rights increase de facto rights protection, because they create organizations with the incentives and means to protect the underlying right. By contrast, individual rights are unlikely to make a difference. To test our theory, we use a recently developed identification strategy that mitigates selection bias by incorporating previously unobserved information on countries' preferences for constitutional rights into the research design. Specifically, we use data on constitutional rights adoption since 1946 to calculate countries' yearly constitutional ideal point, and then match on the probability that a country will protect a specific right in its constitution. Our results suggest that only organizational rights are associated with increased de facto rights protection.

Proportionality Balancing and Rights

The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.

Author: Jan-Reinard Sieckmann

Publisher: Springer Nature

ISBN: 3030773213

Category: Civil rights

Page:

View: 496

The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.

Created Equal

The book starts from the premise that gay men and lesbians are, first and foremost, American citizens, and then looks to what rights belong to every individual American citizen, arguing from the Declaration of Independence and the ...

Author: Michael Nava

Publisher: St. Martin's Griffin

ISBN: 1466887397

Category: Social Science

Page: 167

View: 579

Why should Americans who are not gay care about gay rights? In Created Equal, Michael Nava and Robert Dawidoff argue that the movement for gay equality is central to the continuing defense of individual liberty in America. Beginning with an examination of the determined assault on gay issues by the religious right, the authors show how this sectarian movement to legislate private religious morality into law undermines the purpose of American constitutional government: the protection of the individual's right to determine how best to live his or her life. The book starts from the premise that gay men and lesbians are, first and foremost, American citizens, and then looks to what rights belong to every individual American citizen, arguing from the Declaration of Independence and the Constitution. Addressing their argument to the great majority of their fellow Americans, Dawidoff and Nava emphasize that what is at stake is not the fate of the gay community, but the future of constitutional principle and the rights of free individuals in American society.

Common Law Constitutional Rights

This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments.

Author: Mark Elliott

Publisher: Bloomsbury Publishing

ISBN: 1509906878

Category: Law

Page: 320

View: 495

There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.

Constitutional Rights

Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses.

Author: Randy E. Barnett

Publisher: Wolters Kluwer

ISBN: 1454892900

Category: Law

Page: 1108

View: 508

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Constitutional Rights: Cases in Context, Second Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court's opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into "assignments" and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Do Constitutional Rights Matter The Impact of Section 35 on Aborigninal and Treaty Rights in Canada

Author: Kirsten S. M. Carlson

Publisher:

ISBN:

Category:

Page:

View: 513


Speechless

Speechless takes on the state of free expression in the American workplace, exploring its history, explaining how and why Americans have come to take freedom of speech for granted, and demonstrating how employers can legally punish ...

Author: Bruce Barry

Publisher: ReadHowYouWant.com

ISBN: 1442957255

Category: Business & Economics

Page: 584

View: 267

A factory worker is fired because her boss disagrees with her political bumper sticker. A stockbroker feels pressure to resign from an employer who disapproves of his off-hours political advocacy. A flight attendant is grounded because her airline doesn't like what she's writing in her personal blog. Is it legal to fire people for speech that makes employers uncomfortable, even if the content has little or nothing to do with their job or workplace? For most American workers, the alarming answer is yes. Speechless takes on the state of free expression in the American workplace, exploring its history, explaining how and why Americans have come to take freedom of speech for granted, and demonstrating how employers can legally punish employees for speaking their minds. Bruce Barry shows how constitutional law erects formidable barriers to free speech in workplaces, while employment law gives employers wide latitude to suppress speech with impunity--even speech that is unrelated to the job or the company. Employers, with rights of property ownership over not just what they manage but how they manage, can decide just how much employee speech they will tolerate. Workers have little choice but to accept conditions of employment or go elsewhere. Barry argues that a toxic combination of law, conventional economic wisdom, and accepted managerial practice has created an American workplace in which freedom of speech--that most crucial of civil liberties in a healthy democracy--is something you do after work, on your own time, and even then (for many), only if your employer approves. Barry proposes changes both to the law and to management practice that would expand employees' expressive rights without jeopardizing the legitimate interests of employers. In defense of freer speech in and around the workplace, Barry argues that a healthy democracy depends in part on the experience of liberty at work. Workplaces are key venues for shared experience and public discourse, so workplace speech rights matter deeply for advancing citizenship, community, and democracy in a free society.

Constitutional Law

The text is updated with the most recent cases throughout. A two-color design features an art program and boxed Study Guides, and the text is available in e-formats as well as print.

Author: Randy E. Barnett

Publisher: Wolters Kluwer

ISBN: 1454829206

Category: Law

Page: 1712

View: 713

Constitutional Law: Cases in Context places primary emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than focusing simply on doctrinal details. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses, no matter the ideology or interpretative method. Unique, concise coverage of the dormant commerce clause material helps clarify this often murky area. This allows the introduction of discriminatory intent and effects concepts in a less charged setting than race or gender material. Cases are judiciously supplemented with background readings from various sources. Providing additional context, the readings are long enough to help students understand the arguments, and edited where necessary to prevent overwhelming them. Constitutional Law: Cases in Context represents rival interpretations of the Constitution by founders, Presidents, and other critics of the Court's decisions better than do many other casebooks. Study guide questions help students focus on the salient issues, challenge them to consider the court's opinions from various perspectives, suggest comparisons or connections with other cases, and invite the student to think about recurring foundational principles and debates. The Second Edition welcomes Howard E. Katz, of Elon University and co-author of "Strategies and Techniques of Law School Teaching: A Primer for New (and Not So New) Professors." Greatly reduced and more tightly edited introductory material preserves and expands content while providing additional balance. The text is updated with the most recent cases throughout. A two-color design features an art program and boxed Study Guides, and the text is available in e-formats as well as print. The Second Edition is one of three volumes specifically tailored for the most common courses, replacing the common one-size-fits-all format. Constitutional Law: Cases in Context , is designed for use both in one-semester courses and in two-semester sequences devoted to structure and rights. Constitutional Structure: Cases in Context covers Parts I and II of the parent book, and Constitutional Rights: Cases in Context covers Parts I and III. Each specialized volume can be taught in its entirety in one-semester Con Law I or Con Law II courses. Features: emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than on just doctrinal details teachable, class-sized chunks manageable for professors and students better suited to one-semester courses or reduced credit configurations generous case excerpts for flexibility in teaching, no matter the approach unique, concise coverage of dormant commerce clause helps a normally murky area to be taught efficiently allows introduction of discriminatory intent and effects concepts (in a less charged setting than race or gender material) cases supplemented with judicious background readings various sources provide context readings are long enough to help students to understand arguments edited where necessary to prevent overwhelming the reader represents rival interpretations of the Constitution by founders, Presidents, and critics of the Court's decisions includes study guide questions

Constitutional Rights of College Students

Author: Richard C. Ratliff

Publisher: Metuchen, N.J : Scarecrow Press

ISBN: 9780810805323

Category: Civil rights

Page: 260

View: 499


Constitutional Law

Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses.

Author: Randy E. Barnett

Publisher: Wolters Kluwer

ISBN: 1454892889

Category: Law

Page: 1780

View: 255

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court's opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into "assignments" and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Psychological Tests and Constitutional Rights

Author: United States. Congress. Senate. Committee on the Judiciary

Publisher:

ISBN:

Category:

Page: 537

View: 528


Why Law Matters

The book shows that instrumental justifications fail to identify what is really valuable about public institutions and fail to account for their enduring appeal.

Author: Alon Harel

Publisher: OUP Oxford

ISBN: 0191030732

Category: Law

Page: 256

View: 264

Contemporary political and legal theory typically justifies the value of political and legal institutions on the grounds that such institutions bring about desirable outcomes - such as justice, security, and prosperity. In the popular imagination, however, many people seem to value public institutions for their own sake. The idea that political and legal institutions might be intrinsically valuable has received little philosophical attention. Why Law Matters presents the argument that legal institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Harel advances the argument in several ways. Firstly, he examines the value of rights. Traditionally it is believed that rights are valuable because they promote the realisation of values such as autonomy. Instead Harel argues that the values underlying (some) rights are partially constructed by entrenching rights. Secondly he argues that the value of public institutions are not grounded (ONLY) in the contingent fact that such institutions are particularly accountable to the public. Instead, some goods are intrinsically public; their value hinges on their public provision. Thirdly he shows that constitutional directives are not mere contingent instruments to promote justice. In the absence of constitutional entrenchment of rights, citizens live "at the mercy of" their legislatures (even if legislatures protect justice adequately). Lastly, Harel defends judicial review on the grounds that it is an embodiment of the right to a hearing. The book shows that instrumental justifications fail to identify what is really valuable about public institutions and fail to account for their enduring appeal. More specifically legal theorists fail to be attentive to the sentiments of politicians, citizens and activists and to theorise public concerns in a way that is responsive to these sentiments.

International cooperation in criminal matters

Author: Wolfgang Schomburg

Publisher:

ISBN:

Category: Criminal jurisdiction

Page: 1549

View: 752


The Myth of Rights

The Myth of Rights addresses the constitutional issues posed in these and many other areas of law and public policy, and explains why a structural approach to constitutional rights illuminates these disputes in ways that an autonomy-based ...

Author: Ashutosh Bhagwat

Publisher: Oxford University Press

ISBN: 0199703426

Category: Law

Page: 312

View: 874

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases - i.e., that rights protect autonomy. That understanding, however, is wrong; it is, indeed, The Myth of Rights. The primary purpose and effect of constitutional rights in our society is structural. These rights restrain governmental power in order to maintain a balance between citizens and the State, and an appropriately limited role for the State in our society. Of course, restricting governmental power does have the effect of advancing individual autonomy, but that is not the primary purpose of rights, and furthermore, constitutional rights protect individual autonomy to a far lesser degree that is generally believed. Professor Bhagwat brings clarity to many difficult controversies with a structural approach towards constitutional rights. Issues discussed include flag-burning, the ongoing debates over affirmative action and same-sex marriage, and the great battles over executive power fought during the second Bush Administration. The Myth of Rights addresses the constitutional issues posed in these and many other areas of law and public policy, and explains why a structural approach to constitutional rights illuminates these disputes in ways that an autonomy-based approach cannot. Readers will understand that while constitutional rights play a critical role in our legal and political system, it is a very different role from what is commonly assumed.

Yearbook of the Human Rights Committee

... the complainant has no or insufficient interest in the subject matter, or if in the circumstances no investigation is necessary. Finally, the Constitution itself provides that if any person alleges that his constitutional rights are ...

Author: United Nations. Human Rights Committee

Publisher:

ISBN:

Category: Human rights

Page: 350

View: 183


The Red Book

Collateral inheritance tax law gives sufficient notice and opportunity for a hearing , and does not invade constitutional rights . ( ( Matter of McPherson , 104 N.Y. 306. ) The principle of no opportunity to be heard does not apply to ...

Author: Will L. Lloyd

Publisher:

ISBN:

Category: New York (State)

Page:

View: 652


Host Bibliographic Record for Boundwith Item Barcode 30112053159395 and Others

Collateral inheritance tax law gives sufficient notice and opportunity for a hearing , and does not invade constitutional rights . ( Matter of McPherson , 104 N.Y. 306. ) The principle of no opportunity to be heard does not apply to ...

Author:

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ISBN:

Category:

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