Results 261 to 270 of about 800,094 (311)
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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 ...
Martin Loughlin
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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 ...
Martin Loughlin
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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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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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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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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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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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2018
Unlike many other countries internationally, the United Kingdom does not have a ‘written constitution.’
Roger Mortimore, Andrew Blick
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Unlike many other countries internationally, the United Kingdom does not have a ‘written constitution.’
Roger Mortimore, Andrew Blick
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Social Rights in the Constitution and in Practice
SSRN Electronic Journal, 2003Ben-Bassat, Avi, and Dahan, Momi—Social rights in the constitution and in practice This paper presents a new data set on constitutional commitments to social rights (CCSR) for 68 countries. Quantitative indices are constructed for five social rights: the right to social security, education, health, housing and workers rights.
Avi Ben-Bassat, Momi Dahan
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The politics of constitutional rights
SSRN Electronic Journal, 2022Adam Chilton, Mila Versteeg
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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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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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2019
This chapter examines Otis’s speech in Paxton’s Case to understand why John Adams regarded it as the start of the American Revolution, and describes Otis’s speech as the inflection point when European state of nature theories began to turn into a revolutionary American discourse. In Otis’s system, the state of nature was a source of substantive rights (
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This chapter examines Otis’s speech in Paxton’s Case to understand why John Adams regarded it as the start of the American Revolution, and describes Otis’s speech as the inflection point when European state of nature theories began to turn into a revolutionary American discourse. In Otis’s system, the state of nature was a source of substantive rights (
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