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Strangers to the Constitution
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should affo...
Reconsidering the Insular Cases
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Human Rights in a Time of Populism
Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.
Human Rights, Democracy, and Legitimacy in a World of Disorder
Examines a trio of key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy.
Constitutionalism and a Right to Effective Government?
Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.
Integrated Human Rights in Practice
This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
Mental Health, Legal Capacity, and Human Rights
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Foreign in a Domestic Sense
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on t...
Global Perspectives on Subsidiarity
Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
The Digital Difference
The Digital Difference examines how the transition from the industrial-era media of one-way publishing and broadcasting to the two-way digital era of online search and social media has affected the dynamics of public life. In the digital age, fundamental beliefs about privacy and identity are subject to change, as is the formal legal basis of freedom of expression. Will it be possible to maintain a vibrant and open marketplace of ideas? In W. Russell Neuman’s analysis, the marketplace metaphor does not signal that money buys influence, but rather just the opposite—that the digital commons must be open to all ideas so that the most powerful ideas win public attention on their merits rather than on the taken-for-granted authority of their authorship. “Well-documented, methodical, provocative, and clear, The Digital Difference deserves a prominent place in communication proseminars and graduate courses in research methods because of its reorientation of media effects research and its application to media policy making.” —John P. Ferré, Journalism and Mass Communication Quarterly
