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Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0003
Subject:
Political Science, Political Theory

Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebutsthe claim that constitutional ... More


Constitutional Social Rights

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0004
Subject:
Political Science, Political Theory

I argue that it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy ... More


Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA

Lorenzo Zucca

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552184
eISBN:
9780191709630
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552184.001.0001
Subject:
Law, Constitutional and Administrative Law

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and ... More


New Boundaries, New Structuring? On the Future of Social Protection in the European Union

Maurizio Ferrara

in The Boundaries of Welfare: European Integration and the New Spatial Politics of Social Protection

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199284665
eISBN:
9780191603273
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199284660.003.0007
Subject:
Political Science, Political Economy

This chapter presents a map describing the new spatial architecture of social protection in the European Union resulting from free movement and competition rules, and their effects on traditional ... More


Chartering Europe

Erik O. Eriksen

in The Unfinished Democratization of Europe

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199572519
eISBN:
9780191722400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572519.003.0005
Subject:
Political Science, European Union, Democratization

The EU's Charter of Fundamental Rights is a means to secure the interests and the diverse values of the citizens of Europe. It denotes the EU as a union of citizens and not merely as a common market. ... More


The EU Fundamental Rights Agency: Genesis and Potential

Olivier De Schutter

in New Institutions for Human Rights Protection

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570546
eISBN:
9780191705496
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570546.003.0005
Subject:
Law, Human Rights and Immigration

The Fundamental Rights Agency for the European Union was established in 2007. This chapter reflects on the genesis of the Agency. It maps the debate which led to its creation, in a form which ... More


Equality and Liberty in the Golden Age of State Constitutional Law

Jeffrey M. Shaman

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195334340
eISBN:
9780199868773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195334340.001.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of the New Judicial Federalism has allowed many ... More


Introduction

Alexander Tsesis

in For Liberty and Equality: The Life and Times of the Declaration of Independence

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195379693
eISBN:
9780199949847
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195379693.003.0001
Subject:
History, Political History

This introductory chapter sets out the focus of the book, namely the various ways politicians, associations, groups, and individuals have relied on the Declaration of Independence to justify changing ... More


From Lisbon to Lisbon—Europeanization through Constitutionalism

Kenneth A. Armstrong

in Governing Social Inclusion: Europeanization through Policy Coordination

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199278374
eISBN:
9780191594861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278374.003.0007
Subject:
Law, EU Law

It was to the ‘constitutional’ process of the Constitutional and subsequent Lisbon Treaty that many observers looked for an articulation of the EU's social identity. This chapter argues that ... More


Rights in the European Union: Convergent with the USA?

Martin Shapiro

in The State of the European Union Vol. 7: With US or Against US? European Trends in American Perspective

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199283958
eISBN:
9780191603297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199283958.003.0016
Subject:
Political Science, European Union

The European Union structure of rights is now being built upon the preexisting rights practices of the member states, which in turn developed in part in the light of US experience. In Europe, like in ... More


EU Counter-Terrorist Policies and Fundamental Rights: The Case of Individual Sanctions

Christina Eckes

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199573769
eISBN:
9780191722158
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573769.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

Sanctions against private individuals have been widely used in the fight against terrorism, but not without significant controversy. This book examines the complex institutional and substantive ... More


External Pressures on the Outside: Constructing a Familiar European Judicial Order

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0008
Subject:
Law, Comparative Law

This chapter stresses the interactive pressures between the two paradigmatic European judicial institutions: the European Court of Justice (ECJ) and the European Court of Human Rights (ECHR). The ... More


Reassessment: Judicial Orders in Flux

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0010
Subject:
Law, Comparative Law

This chapter analyzes the nature and direction of reforms in the French system. Are they destroying the French republican tradition of judicial decision-making, transforming it inexorably into a more ... More


Transnational Fundamental Rights: Horizontal Effect

Gunther Teubner

in Constitutional Fragments: Societal Constitutionalism and Globalization

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644674
eISBN:
9780191738814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644674.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter discusses the following: fundamental rights beyond the nation state, fundamental rights binding ‘private’ transnational actors, inclusionary effect of fundamental rights, exclusionary ... More


Introduction

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0001
Subject:
Law, Comparative Law

This introductory chapter begins with a discussion of the explosion of fundamental rights into all corners of the French and European judiciaries, which is transforming the judicial landscape. It ... More


Supervision at the Level of the European Union

Agnès Hurwitz

in The Collective Responsibility of States to Protect Refugees

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199278381
eISBN:
9780191706998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278381.003.0007
Subject:
Law, Criminal Law and Criminology, Public International Law

Within the EC legal order, the Court of Justice (ECJ) has had the fundamental responsibility of guaranteeing the constitutionality of the organization's activities, and of ensuring Member States' ... More


Balance, Inheritance, and Religion as a Basis of Law in the Public Order of the European Union

Ronan Mccrea

in Religion and the Public Order of the European Union

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595358
eISBN:
9780191595776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595358.003.0003
Subject:
Law, EU Law

This chapter reveals how religion is recognised by the Union as an element of its constitutional values and how this role is balanced by the recognition of potentially competing humanist and cultural ... More


External Pressures on the Inside (I): The New Individual Rights Regime

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0003
Subject:
Law, Comparative Law

This chapter bridges the divide between the comparative law and European law disciplines in order to develop a more integrated understanding of what the interaction with the two Europes has meant to ... More


Rights

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0016
Subject:
Law, EU Law, Constitutional and Administrative Law

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The ... More


New Institutions for Human Rights Protection

Kevin Boyle (ed.)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570546
eISBN:
9780191705496
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570546.001.0001
Subject:
Law, Human Rights and Immigration

Human rights institutions are indispensable if human rights are to be effectively protected. This collection of chapters addresses examples of new institution building in the human rights field at ... More


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