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Periodical
Teoría y realidad constitucional.
Author:
ISSN: 21748950 Year: 1998 Publisher: Madrid : Editorial UNED,

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Book
Institutions and organizations as learning environments for participation and democracy : opportunities, challenges, obstacles
Authors: --- ---
ISBN: 3031179498 303117948X Year: 2023 Publisher: Cham, Switzerland : Springer,

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This book discusses opportunities and limitations to democratic participation in institutions and organizations across the life course. It demonstrates that democratic participation is not something that is learned once and for all and applied in formal political settings, but something that is lived every day throughout life in various contexts. Institutions and organizations frame human lives and strongly determine the ability to participate and co-determine their communities. They are places for learning, deliberation and the development of the common good. The book conceptually and empirically analyses the potential of democratic participation within various institutions. The contributions range from early childhood institutions, schools, youth programs, workplaces, and vocational education to cultural organizations and nursing homes for the elderly. The book thereby provides a cross-sectional and interdisciplinary knowledge base to inspire future research and practical efforts to promote democratic participation within and across institutions around the world.


Periodical
Constitutional forum
Author:
ISSN: 19274165 Year: 1989 Publisher: Edmonton, Alta. : Centre for Constitutional Studies,

The Strategic Constitution
Author:
ISBN: 0691096201 0691058644 0691214506 Year: 2002 Publisher: Pirncenton (NJ) : Baltimore, Md. : Princeton University Press, Project MUSE,

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Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.


Book
Discovering Indigenous lands : the doctrine of discovery in the English colonies
Authors: --- --- ---
ISBN: 0191594466 1283581469 9786613893918 0191627623 9780191594465 9780191627620 Year: 2010 Publisher: Oxford : Oxford University Press,

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England explored and colonized the United States, Australia, New Zealand, and Canada under the authority of an international law called the Doctrine of Discovery. When Europeans set out to exploit and expropriate the lands, commercial, governmental, and human rights of the indigenous peoples of Australia, Canada, New Zealand, and the United States in the 15th through to the 20th centuries, they justified their sovereignty and claims over these territories and over indigenous peoples with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the indigenous inhabitants. The United States Supreme Court expressly adopted Discovery in 1823 in Johnson v. M'Intosh. This case and the Doctrine of Discovery has been cited and relied on by Australian, Canadian, New Zealand, and United States governments, courts, and colonists. The English colonial governments and colonists in all four countries utilized Discovery principles and arguments, and these governments continue to use Discovery today to exercise legal powers over indigenous peoples. The elements of Discovery were not applied in the exact same manner and at the exact same time periods in all four countries, but the similarities of the use of Discovery are striking and not the least bit surprising since the Doctrine was English colonial law. Viewing Australian, Canadian, New Zealand, and American history and law in light of the international law Doctrine of Discovery creates a more complete understanding of all four countries and of what colonial law has done to indigenous lands.


Book
Decolonizing human rights
Author:
ISBN: 1108264921 1108417132 1108265790 1108271251 Year: 2021 Publisher: Cambridge : Cambridge University Press,

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In his extensive body of work, Professor Abdullahi Ahmed An-Naim challenges both historical interpretations of Islamic Sharia and neo-colonial understanding of human rights. To advance the rationale of scholarship for social change, An-Naim proposes advancing the universality of human rights through internal discourse within Islamic and African societies and cross-cultural dialogue among human cultures. This book proposes a transformation from human rights organized around a state determined practice to one that is focused on a people-centric approach that empowers individuals to decide how human rights will be understood and integrated into their communities. Decolonizing Human Rights aims to illustrate the decisive role of human agency on the subject of change, without implying that Islamic or any other society are exceptionally disposed to politically motivated violence and consequent profound political instability.


Book
Civic engagement in changing contexts : challenges and possibilities for democracy
Author:
ISBN: 9789811674952 9789811674969 9789811674945 Year: 2022 Publisher: Singapore : Springer,


Book
Taiwan and international human rights : a story of transformation
Authors: --- ---
ISBN: 9811303509 9811303495 Year: 2019 Publisher: Singapore : Springer Singapore : Springer,

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This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions.

Keywords

Constitutional law. --- Social justice. --- Human rights. --- Criminology. --- Constitutional Law. --- Human Rights. --- Social Justice, Equality and Human Rights. --- Human Rights and Crime . --- Crime --- Social sciences --- Criminals --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Equality --- Justice --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Study and teaching --- Law and legislation --- Interpretation and construction --- Drets humans (Dret internacional) --- Dret constitucional --- Justícia social --- Taiwan --- Igualtat --- Justícia ambiental --- Justícia distributiva --- Reparacions d'injustícies històriques --- Reivindicacions socials --- Dret polític --- Dret --- Béns públics --- Constitucionalitat de les lleis --- Delegació de poders (Gestió) --- Democràcia --- Doctrina de facto --- Domini directe --- Dret a l'honor --- Drets adquirits --- Dret electoral --- Drets humans --- Drets polítics --- Estat de dret --- Federalisme --- Habeas corpus --- Incompatibilitat de càrrecs --- Iniciativa legislativa --- Jurisprudència constitucional --- Legislació --- Legislatura --- Llei marcial --- Monarquia --- Nacionalitat --- Parlaments --- Persones (Dret constitucional) --- Poder constitutiu --- Poder executiu --- Poder judicial --- Poder legislatiu --- Poders d'excepció --- Privilegis i immunitats --- Recurs d'empara --- Recurs d'inconstitucionalitat --- Referèndum --- Reformes constitucionals --- República --- Reserva de llei --- Separació de poders --- Sobirania --- Sufragi --- Constitucions --- Dret administratiu --- Successió política --- Tribunals constitucionals --- Dret internacional dels drets humans --- Dret internacional --- Dret humanitari --- Justícia transicional --- Chung-hua Min-kuo --- Formosa --- República de la Xina --- T'ai-wan --- Xina Nacionalista --- Àsia oriental --- Desigualtat social


Periodical
Revus
Author:
ISSN: 15817652 18557112 Year: 2003 Publisher: Ljubljana Uradni list Republike Slovenije

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Revus is an international journal for constitutional theory and philosophy of law. It provides a unique forum for academics around the world by publishing contributions in various languages. One of our purposes is to build a bridge between legal scholars and philosophers from different regions and academic circles.

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