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Constitutive Rights

Oxford Journal of Legal Studies, 2000
Prevailing accounts of the relationship between rights and identity impose a false choice between conceptions of rights as the instrument of self-invention or the foil to collective virtue. This article proposes an alternative conception of rights as constitutive of social relations and aspects of individual identity. To do so, it draws on H.L.A.
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Constitutional Rights

2010
AbstractThis chapter examines the influence of the idea that the modern system of government exists to protect the interests of the rights-bearing individual. It considers in particular the various claims made of these rights — as natural rights, civil rights, constitutional rights — and then examines how these basic rights given institutional status ...
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A Right-Based Critique of Constitutional Rights

Oxford Journal of Legal Studies, 1993
'Individuals have rights, and there are things no person or group may do to them (without violating their rights)." 'Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override.'2 'There would be no point in the boast that we respect individual rights unless that involved some sacrifice, and the
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Constitution and Rights

2022
Abstract The fact that some natural entity, x, has constitutive value does not entail that x ought, all things considered, to be protected. Nonetheless, in some cases such entities ought to be protected for precisely this reason. The point may be made in terms of rights.
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Prisoners' constitutional rights

Criminal Justice Studies, 2003
This paper compares what life was like in the American penal system prior to the reform movement of the 1960s and 1970s, as well as legislation that created reform as to the rights of the incarcerated, to what an inmates life is like today. Specifically, the two pieces of legislation that are highlighted are the uniform Law Commissioners' Model ...
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Constitution and Rights

2018
Unlike many other countries internationally, the United Kingdom does not have a ‘written constitution.’
Roger Mortimore, Andrew Blick
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Constitutional Rights Sourcebook

1999
TheConstitutional Rights Sourcebookexamines fundamental ideas of constitutionalism and American constitutional law through case summaries. The U.S. Supreme Court as an institution is featured and its rulings and rationale are represented throughout the work, beginning with a thorough treatment of the current court and including all the significant ...
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Women’s Constitutional Rights

2021
Abstract This chapter explains how legal syncretism influences and manifests itself in the design and practice of constitutional rights—with a particular focus on women’s rights—in the constitutional systems of Nigeria, South Africa, and Ethiopia. The chapter demonstrates how the interaction between the liberal and indigenous conceptions
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Analysis of Human Rights, Fundamental Rights, Fundamental Constitutional Rights and Constitutional Rights.

Docentia et Investigatio, 2007
Throughout the work the author explains various topics. First, point your attention to the analysis of human rights and fundamental constitutional rights. It explains the theory of constitutional rights. Together, they are human rights, scope and projections.
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