Author : Agustín J. Menéndez
Publisher : Springer Science & Business Media
Page : 227 pages
File Size : 41,28 MB
Release : 2006-11-22
Category : Law
ISBN : 1402049196
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.
Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 41,39 MB
Release : 2021
Category : Law
ISBN : 1328518116
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author : Carlos Closa
Publisher : Cambridge University Press
Page : 357 pages
File Size : 23,3 MB
Release : 2016-10-13
Category : Law
ISBN : 1107108888
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author : Robert A. Schapiro
Publisher : ReadHowYouWant.com
Page : 490 pages
File Size : 13,15 MB
Release : 2011-08-22
Category : Political Science
ISBN : 1459627059
The relationship between the state and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting ''polyphony'' creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
Author : David Bilchitz
Publisher : Cambridge University Press
Page : 523 pages
File Size : 31,78 MB
Release : 2021-11-11
Category : Business & Economics
ISBN : 1108841945
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Author : Gerhard Ernst
Publisher : Walter de Gruyter
Page : 272 pages
File Size : 24,38 MB
Release : 2011-11-30
Category : Philosophy
ISBN : 3110263882
The notion of “human rights” is widely used in political and moral discussions. The core idea, that all human beings have some inalienable basic rights, is appealing and has an eminently practical function: It allows moral criticism of various wrongs and calls for action in order to prevent them. On the other hand it is unclear what exactly a human right is. Human rights lack a convincing conceptual foundation that would be able to compel the wrong-doer to accept human rights claims as well-founded. Hence the practical function faces theoretical doubts. The present collection takes up the tension between the wide political use of human rights claims and the intellectual skepticism about them. In particular two major issues are identified that call for conceptual clarification in order to better understand human rights claims both in theory and in practice: the question of how to justify human rights and the tension between universal normative claims and particular moralities.
Author : Wilson Ray Huhn
Publisher :
Page : 224 pages
File Size : 11,61 MB
Release : 2002
Category : Law
ISBN :
Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.
Author : Gordon Lloyd
Publisher :
Page : 392 pages
File Size : 34,48 MB
Release : 1998
Category : History
ISBN :
The Essential Bill of Rights: Original Arguments and Fundamental Documents provides the convenience of an affordable and accessible compilation of the original, essential documents and arguments that eventually led to the adoption of the Bill of Rights in the United States.
Author : Alexander Hamilton
Publisher : Read Books Ltd
Page : 420 pages
File Size : 32,52 MB
Release : 2018-08-20
Category : History
ISBN : 1528785878
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author : David Lampo
Publisher : Rowman & Littlefield Publishers
Page : 212 pages
File Size : 41,41 MB
Release : 2012-06-08
Category : Political Science
ISBN : 1442215739
It is an axiom of modern American politics that many Republicans and most conservatives are not only anti-gay but that they have capitulated to an anti-gay agenda formulated and pursued by the religious right for the past several decades. In A Fundamental Freedom, David Lampo makes the case that support for gay rights will provide long-term political benefits for the GOP and the conservative movement. He argues that an anti-gay agenda succinctly exposes the hypocrisy of those who talk of limited government and individual rights but ignore both when it comes to gay rights and other personal freedom issues. Indeed, it is the defenders of gay rights within Republican ranks who are keeping faith with core conservative principles. He also presents a variety of polling data that show that rank-and-file Republicans, including many Tea Party supporters, are far more supportive of gay rights than commonly presumed. Lampo’s call to embrace gay rights is sure to be hotly debated within the conservative movement.
