the age of dignity human rights and constitutionalism in europe

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The Age Of Dignity

Author : Catherine Dupré
ISBN : 9781509900398
Genre : Law
File Size : 71. 85 MB
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Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity's varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.

Human Dignity And Law

Author : Stephen Riley
ISBN : 9781351975247
Genre : Law
File Size : 70. 48 MB
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This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance. The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm. The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law. The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design.

Comparative Constitutional Theory

Author : Gary Jacobsohn
ISBN : 9781784719135
Genre :
File Size : 50. 94 MB
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The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

Constitutional Crisis In The European Constitutional Area

Author : Armin von Bogdandy
ISBN : 9781782253341
Genre : Law
File Size : 70. 30 MB
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The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.

European And Us Constitutionalism

Author : Georg Nolte
ISBN : 0521854016
Genre : Law
File Size : 58. 40 MB
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This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. This question is explored with respect to the areas of 'freedom of speech', 'human dignity', 'duty of the state to protect individuals from harm', 'adjudication by constitutional and other courts' and, finally, 'democratic theory and international influences'. The authors of this book are constitutional scholars from Europe and the United States, as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

Comparative Constitutionalism

Author : Michel Rosenfeld
ISBN : UOM:35112204421384
Genre : Law
File Size : 87. 47 MB
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This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect politics in and beyond nation-states, The rule of law and separation of powers, and fundamental rights. it contains case excerpts from at least 40 countries in all continents, examining the assumptions, choices and trade-offs, strategies and effects of decisions from constitutional courts and human rights tribunals in different legal systems and political contexts. it discusses different theories of constitutionalism and how constitutional democracies address similar issues, In different institutional settings. The second edition newly covers the controversy concerning citations to foreign authorities in U.S. Supreme Court decisions, As well as cases arising out of the war on terrorism, including torture. In particular, there is new material on dignity, gay marriage, data protection, pornography, religious diversity, and developments in social welfare.

Educating For Human Dignity

Author : Betty Reardon
ISBN : 0812215249
Genre : Education
File Size : 62. 47 MB
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The Ennobling Of Democracy

Author : Thomas L. Pangle
ISBN : 0801846358
Genre : Political Science
File Size : 30. 91 MB
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Focusing on Lyotard, Vattimo, and Rorty, Pangle offers a searching critique of postmodernism and its implications for political life and thought. He examines the political dimensions of postmodernist teachings, including the rejection of the natural-rights doctrines of the Enlightenment. "A book to be commended both for its seriousness and its lucidity. . . ".--Stanley Fish, Duke University.

Christian Human Rights

Author : Samuel Moyn
ISBN : 9780812248180
Genre : Political Science
File Size : 79. 96 MB
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In Christian Human Rights, Samuel Moyn asserts that the rise of human rights after World War II was prefigured and inspired by a defense of the dignity of the human person that first arose in Christian churches and religious thought in the years just prior to the outbreak of the war. The Roman Catholic Church and transatlantic Protestant circles dominated the public discussion of the new principles in what became the last European golden age for the Christian faith. At the same time, West European governments after World War II, particularly in the ascendant Christian Democratic parties, became more tolerant of public expressions of religious piety. Human rights rose to public prominence in the space opened up by these dual developments of the early Cold War. Moyn argues that human dignity became central to Christian political discourse as early as 1937. Pius XII's wartime Christmas addresses announced the basic idea of universal human rights as a principle of world, and not merely state, order. By focusing on the 1930s and 1940s, Moyn demonstrates how the language of human rights was separated from the secular heritage of the French Revolution and put to use by postwar democracies governed by Christian parties, which reinvented them to impose moral constraints on individuals, support conservative family structures, and preserve existing social hierarchies. The book ends with a provocative chapter that traces contemporary European struggles to assimilate Muslim immigrants to the continent's legacy of Christian human rights.

Citizenship In American History And Government

Author :
ISBN : UVA:X005112449
Genre : Citizenship
File Size : 37. 63 MB
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