The Constitution Of Equality

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The Constitution Of Equality

Author : Thomas Christiano
ISBN : 9780191613913
Genre : Political Science
File Size : 21.29 MB
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What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Category: Political Science

Equality Under The Constitution

Author : Judith A. Baer
ISBN : 9781501722745
Genre : LAW
File Size : 62.23 MB
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The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Category: LAW

Equality And Non Discrimination In South Africa

Author : Shadrack Gutto
ISBN : 1919876553
Genre : Civil rights
File Size : 46.16 MB
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This study explores and critiques law and law making in the nascent constitutional democracy in the new South Africa, with a focus on the complex roles of the executive, parliament, political parties, the media and civil society. The capacity and potential in the judiciary and the legal profession in promoting and protecting values and rights of equality and non-discrimination is examined. Substantive equality and non-discrimination law in theory and in practice is considered critically, from a broad historical and social context that highlights areas of race, gender, disability, harassment and hate speech, socio-economic rights, and legal services. International human rights law and comparative law aspects are skillfully interwoven in this pioneering scholarly work.
Category: Civil rights

Enforcing Equality

Author : Rebecca E Zietlow
ISBN : 9780814797075
Genre : Law
File Size : 48.63 MB
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In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
Category: Law

Slavery And Its Consequences

Author : Robert A. Goldwin
ISBN : 0844736503
Genre : Law
File Size : 31.15 MB
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This book discusses the institution of slavery and how it relates to the Constitution.
Category: Law

Equality And Liberty In The Golden Age Of State Constitutional Law

Author : Jeffrey M Shaman
ISBN : 019971522X
Genre : Political Science
File Size : 33.2 MB
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The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution. Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
Category: Political Science

Indigenous Difference And The Constitution Of Canada

Author : Patrick Macklem
ISBN : 0802080499
Genre : Law
File Size : 71.88 MB
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An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Category: Law

The Constitution In 2020

Author : Jack M. Balkin
ISBN : 0199731098
Genre : Law
File Size : 23.47 MB
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The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.
Category: Law

Saying What The Law Is

Author : Charles Fried
ISBN : 0674019547
Genre : Law
File Size : 81.14 MB
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The main topics of the constitutional law that structures the American political system and defines the individual's relationship to that government--including freedom of expression, separation of powers, and legal equality--are covered in a study that is free of legal jargon in an effort to inform the educated layperson.
Category: Law

For Liberty And Equality

Author : Alexander Tsesis
ISBN : 9780199942572
Genre : History
File Size : 40.18 MB
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The Declaration of Independence is one of the most influential documents in modern history-the inspiration for what would become the most powerful democracy in the world. Indeed, at every stage of American history, the Declaration has been a touchstone for evaluating the legitimacy of legal, social, and political practices. Not only have civil rights activists drawn inspiration from its proclamation of inalienable rights, but individuals decrying a wide variety of governmental abuses have turned for support to the document's enumeration of British tyranny. In this sweeping synthesis of the Declaration's impact on American life, ranging from 1776 to the present, Alexander Tsesis offers a deeply researched narrative that highlights the many surprising ways in which this document has influenced American politics, law, and society. The drafting of the Bill of Rights, the Reconstruction Amendments, the New Deal, the Civil Rights movement-all are heavily indebted to the Declaration's principles of representative government. Tsesis demonstrates that from the founding on, the Declaration has played a central role in American political and social advocacy, congressional debates, and presidential decisions. He focuses on how successive generations internalized, adapted, and interpreted its meaning, but he also shines a light on the many American failures to live up to the ideals enshrined in the document. Based on extensive research from primary sources such as newspapers, diaries, letters, transcripts of speeches, and congressional records, For Liberty and Equality shows how our founding document shaped America through successive eras and why its influence has always been crucial to the nation and our way of life.
Category: History

The Spirit Of The Constitution

Author : Robert A. Goldwin
ISBN : 0844737208
Genre : History
File Size : 33.35 MB
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In the discussions in this volume, distinguished jurists, journalists, and scholars strive to capture the unspoken principles of the Constitution, its elusive but compelling spirit.
Category: History

The Principle Of Equality

Author : J. Sarkin
ISBN : 9062157556
Genre : Law
File Size : 62.57 MB
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The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.
Category: Law

Federal Service And The Constitution

Author : David H. Rosenbloom
ISBN : 9781626161498
Genre : Political Science
File Size : 66.15 MB
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Conceived during the turbulent period of the late 1960s when ‘rights talk’ was ubiquitous, Federal Service and the Constitution, a landmark study first published in 1971, strove to understand how the rights of federal civil servants had become so differentiated from those of ordinary citizens. Now in a new, second edition, this legal–historical analysis reviews and enlarges its look at the constitutional rights of federal employees from the nation's founding to the present. Thoroughly revised and updated, this highly readable history of the constitutional relationship between federal employees and the government describes how the changing political, administrative, and institutional concepts of what the federal service is or should be are related to the development of constitutional doctrines defining federal employees’ constitutional rights. Developments in society since 1971 have dramatically changed the federal bureaucracy, protecting and expanding employment rights, while at the same time Supreme Court decisions are eroding the special legal status of federal employees. Looking at the current status of these constitutional rights, Rosenbloom concludes by suggesting that recent Supreme Court decisions may reflect a shift to a model based on private sector practices.
Category: Political Science

Choosing Equality

Author : Joseph Viteritti
ISBN : 081579102X
Genre : Education
File Size : 26.12 MB
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America is now in the second generation of debate on school choice. The first was prompted by the provocative voucher proposal conceived by Milton Friedman in 1955 and brought into the mainstream by Chubb and Moe's seminal book Politics, Markets, and American Schools (Brookings, 1990). It introduced a pure market model in which schools would be publicly financed but privately operated. While opponents continue to contend that choice will lead to the demise of public education, the weakening of civil society, and the fostering of separate and unequal systems of education, Joseph P. Viteritti argues that these long-held assertions must give way to present realities. The rich and diverse experience we have had with magnet schools, controlled choice, inter-district choice, charter schools, privately funded vouchers, and public vouchers in Milwaukee and Cleveland provides a solid basis for crafting a choice policy that enhances the educational opportunities of children whose needs are not being met by the present system of public education. Drawing on his background as a political scientist, legal scholar, and education practitioner, Viteritti starts his book with the promise articulated in the landmark Brown decision of 1954. After reviewing a variety of policy initiatives enacted to promote educational opportunity, he finds that the nation has fallen short of providing decent schooling for its most disadvantaged children, and in so doing has delayed the movement toward social and political equality. Viteritti does not contend that choice in the form of charter schools or vouchers for the poor is a solution to racial inequality, but he believes that these forms of choice can move the country in the proper direction. He insists that the nation cannot pretend to have a serious commitment to the goal of educational equality as long as choice is available only to those with the private means to afford it.
Category: Education

Justice Equality And Constructivism

Author : Brian Feltham
ISBN : 9781405191753
Genre : Law
File Size : 42.89 MB
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This collection critically engages with a number of recurrent themes from the work of G.A. Cohen, and most especially with arguments and positions advanced in his Rescuing Justice and Equality. A critical discussion of the work of the contemporary political theorist G.A. Cohen, an egalitarian and a critic of John Rawls Offers a critical perspective on his significant work on equality and constructivism, including his eagerly anticipated new book Rescuing Justice and Equality The contributors to this volume are noted for their own work on these topics Challenges Cohen s view of the centrality of equality to justice, of the scope for free choice of occupation and economic incentives, as well as his view that fundamental principles of justice are insensitive to facts
Category: Law