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Author: Bedford, Daniel Publisher: Edward Elgar Publishing ISBN: 1789902843 Category : Law Languages : en Pages : 288
Book Description
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.
Author: Bedford, Daniel Publisher: Edward Elgar Publishing ISBN: 1789902843 Category : Law Languages : en Pages : 288
Book Description
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.
Author: Catherine Dupré Publisher: Bloomsbury Publishing ISBN: 1509900381 Category : Law Languages : en Pages : 257
Book Description
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.
Author: Publisher: Council of Europe ISBN: 9287178275 Category : Civil rights Languages : en Pages : 215
Book Description
In the early 21st century, poverty, impoverishment and inequalities are increasing across the European continent. These phenomena not only weaken the social cohesion of European societies, they also violate human rights, including social and civil and political rights, and question the functioning of democracy. How can people living in poverty make their voices heard in polarised societies, where more than 40% of assets and 25% of revenues are held by 10% of the population? This guide is the result of two years of collective discussion held within the framework of the project "The human rights of people experiencing poverty". It was prepared with the assistance of many individuals and organisations, including people living in poverty, researchers, associations and representatives of public authorities. As well as offering a critique of the current situation, analysing inequality and poverty through the prism of human rights, democracy and redistributive policies, the guide also invites the reader to explore the possibilities of a renewed strategy to fight poverty in order to restore a sense of social justice. It makes proposals that aim to overcome the stigmatisation and categorisation of people, opening pathways of learning to build well-being through sharing, avoiding waste and by enhancing public awareness around the principle of human dignity as a human right for all.
Author: Pôle universitaire européen de Montpellier et du Languedoc-Roussillon Publisher: Council of Europe ISBN: 9789287140326 Category : Political Science Languages : en Pages : 116
Author: Georg Nolte Publisher: Cambridge University Press ISBN: 9781139446907 Category : Law Languages : en Pages : 336
Book Description
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy 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.
Author: Mario Krešić Publisher: Springer Nature ISBN: 3030979172 Category : Law Languages : en Pages : 279
Book Description
“Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts. Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.
Author: Paolo Becchi Publisher: Springer ISBN: 9783319280813 Category : Law Languages : en Pages : 0
Book Description
This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept.
Author: Janne Haaland Matlary Publisher: Gracewing Publishing ISBN: 9780852440315 Category : Political Science Languages : en Pages : 224
Book Description
Janne Haaland Mátlary has devoted her life to questions of ethics and politics.This preoccupation has become extraordinarily relevant to many of the issues that dominate the contemporary political agenda; particularly in Europe where the debate over relativism, human rights and majority tyranny has become a vital concern to very many of its citizens. Combining academic research with an active political life as a diplomat serving both her native Norway and the Holy See, Janne Haaland Mátlary is able to offer us profound insights into the importance of human dignity and human rights in current politics. This book is essential reading for all who are concerned with issues of rationality, law, human rights, politics and religious freedom in European democracy today. As an academic, studying political science, her work has concentrated on security and foreign policy. She makes a strong case that foundations for human rights can be found through human reason, specifically, through retrieving and reanimating the classical tradition of rationalism that was once the pride of western civilization . She builds her analysis of politics with far more promising materials than the instrumental rationality and the radically individualistic concept of the person that have prevented the human rights movement thus far from reaching its full potential. Mary Anne Glendon, Harvard University Janne Haaland Matláry is Professor of International Politics in the Department of Political Science of the University of Oslo, Norway, and Senior Adjunct Researcher in Security Policy at the Norwegian Institute of International Affairs. She was State Secretary for Foreign Affairs (Deputy Foreign Minister) of Norway 1997-2000, representing the Christian Democratic Party in the Bondevik government. Her main academic fields are the European Union and international security policy. She has published very widely and played significant roles in a number of international and consultative bodies. In April 2007 she was awarded Il Premio San Benedetto. Her biographical narrative of conversion to the Catholic Church, Faith Through Reason, is also published by Gracewing.
Author: Albin Dearing Publisher: Springer ISBN: 3319450484 Category : Law Languages : en Pages : 417
Book Description
This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.