How Constitutional Rights Matter

Regardless, these prior studies (which we review in chapter 3) do not provide a
consistent answer on whether and how constitutional rights matter. Our goal is to
go beyond prior research on the topic, including our own, and provide the most ...

Author: Adam Chilton

Publisher: Oxford University Press

ISBN: 0190871474

Category: Law

Page: 280

View: 715

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.

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

Author: Kirsten S. M. Carlson

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The Constitution of the State of New York

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 statute ...

Author: New York (State)

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Category: Constitution

Page: 242

View: 138


The New York 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 statute providing ...

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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 statute providing ...

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Category: New York (State)

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Legal Hermeneutics

Here, then, are two important examples of how constitutional theory— of how the
choice between an originalist approach and a nonoriginalist approach to
interpretation of major constitutional provisions regarding human rightsmatters
to ...

Author: Gregory Leyh

Publisher: University of California Press

ISBN: 0520329376

Category: Political Science

Page: 350

View: 756

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 1992.

New York Criminal Reports

Reports of Cases Decided in All Courts of the State of New York Involving
Questions of Criminal Law and Practice, with Notes and References. Note on ...
Matter of Kelley , 25 Fed . ... Interstate extradition laws abridge no constitutional
rights .

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Category: Criminal law

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International Protection of Human Rights

Rights. Matters. f. International. Concern. Jnder. the. Treatymaking. 'ower. he
Constitutional Structure Four provisions of the Constitution deal xpressly with
treaties.8 The repository of the ower to make treaties is designated in article I, sec
.

Author: United States. Congress. House. Foreign Affairs

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Page: 987

View: 731


State of New York Court of Appeals In the Matter of The Claim for Compensation under the Workmen s Compensation Law made by vincent Copeland Claimant Respondent against The Colorado Fuel and Iron Corporation Wickwire Spencer Steel Division Employer and American Motorists Insurance Company Insurance Carrier Appellants and Lumber Mutual Casualty Insurance Company of New York Disability Benefits Insurance Carrier Respondent and John Hancock Mutual Life Insurance Company Disability Benefits Insurance Carrier Respondent The Workmen s Compentation Board Respondent

The courts have frequently held that where administrative action affects property
rights the prerequisite of a hearing is a matter of constitutional right (Matter of
Hecht v. Monaghan, 307 N. Y. 461, 468; Morgan v. U. S. 304 U. S. 1, 18-19 ;
Wong ...

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The Liquor Tax Law of the State of New York

Cargill , 167 ' N. Y. 391 ; Matter of Cullinan v . Lehr . 40 Misc . 423 . But if the
certificate holder files a verified answer without objection , he waives his
constitutional right . Matter of Cullinan v . Micha . 76 App . Div . 362 , affirmed 173
N. Y. 610 .

Author: New York (State)

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Category: Liquor industry

Page: 158

View: 696


Equity

length and matter in the bills of rights in the constitutions of the different states
indicates the doubtful value of this feature ... or deprived of any of the rights or
privileges secured to the subjects of this State by this constitution , unless by the
law of ...

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Reports of cases decided in the Appellate Division of the Supreme Court of the state of New York

The Court of Appeals has described the " right to be let alone ' " as one of the
most valued of rights ( Matter of Doe v Coughlin ... Observed the Court in Matter
of Doe u Coughlin ( supra , at 52 ) , " [ t ] he right to privacy , in constitutional terms
 ...

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Estate Administration and Accounting

The instrument was valid under pre - existing statutes , and the " subsequent
enactment therefore violated the testator's constitutional rights . " Matter of
McGlone , 258 App . Div . 596 . The receipt of income from a trust fund , pending
the ...

Author: Chester Joseph Dodge

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Category: Executors and administrators

Page: 872

View: 936


Equity

This is all the “ rights " constitutions of New York State from matter in the 1846
constitution , and there is none in the amendments . earliest times to the present .
The first constitution of New York contains no In the constitution of 1894 , Article
bill ...

Author: Charles Fremont Taylor

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Category: Political science

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New York Red Book

( Matter of Trustees of Union College , 129 N. Y. 308. ) A “ grievance day an
opportunity ... Church , 43 St. Rep . 142. ) Collateral inheritance tax law gives
sufficient notice and opportunity for a hearing , and does not invade constitutional
rights .

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The Canadian Law Times

21 - 23 , 67 – Prerogative rights - Matter of form - Matter of substanceAdditional
accommodation - 49 V . c . ... members of all religious denominations alikeIllegal
tax - Constitutional law , 361 See Constitutional Law - County Court - Solicitor
and ...

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Category: Canada

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From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown."

Reports of Cases Decided in the Supreme Court of the State of Oregon

Cite as 197 Or . 283 which was induced by fraud or procured in violation of a
constitutional right of a party . Perhaps that ... and to permit a defendant to
withdraw a plea of guilty induced by violation of his constitutional rights ( Matter of
Lyons v .

Author: Oregon. Supreme Court

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Category: Law reports, digests, etc

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State of New York Supreme Court

The power was exercised in criminal cases at common law through the writ of
error coram nobis. ... and misrepresentation and to permit a defendant to
withdraw a plea of guilty induced by violation of his constitutional rights (Matter of
Lyons v.

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Supreme Court

They may stipulate away statutory and even constitutional rights ( Matter of
N. Y. L. & W. R. R. Co. , 98 N. Y. 447 , 453 ) . * * * » : In the case of Morse , Jr. v .
Morse Dry Dock & Repair Company , 249 App . Div . 764 , 291 N. Y. S. 995 , the
per ...

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Reports of Selected Cases Decided in Courts of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court

Prohibition may be used to test a claim involving violations of fundamental
constitutional rights ( Matter of Nicholson v State Comm . on Judicial Conduct ,
supra ; La Rocca v Lane , supra ) . Judge DANELLA was obviously concerned
about ...

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Category: Law reports, digests, etc

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