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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


Environmental Rights as Democratic Rights

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:
10.1093/0199278687.003.0005
Subject:
Political Science, Political Theory

Constitutionalising a right makes it immune to the possibility of (routine) democratic revision. So, constitutional rights that set certain substantive values beyond the reach of routine political ... More


Is a Constitutional Environmental Right Necessary? A European Perspective

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:
10.1093/0199278687.003.0006
Subject:
Political Science, Political Theory

Addresses the doubt about whether, even if legitimately enforceable, a constitutional right to an adequate environment is necessary. The European Union (EU) is taken as a context in which that doubt ... More


What are the Alternatives? Adoption and Review

Christina Eckes

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

Published in print:
2009
Published Online:
May 2010
ISBN:
9780199573769
eISBN:
9780191722158
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573769.003.0007
Subject:
Law, Human Rights and Immigration, EU Law

This chapter takes a practical and principled look into the future, exploring whether and how individual sanctions could lawfully and legitimately be adopted under European law. The chapter is ... More


Security Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0006
Subject:
Philosophy, Political Philosophy

This chapter compares a system of human rights guarantees of security with libertarian natural rights. Security rights are a solution to a collective action problem that would arise in a state of ... More


Rights, Procedures, and Costs

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0003
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explores some of the more important issues relating to procedural rights. It begins with a brief introduction to rights generally, and to procedural rights in particular. It then moves ... More


Protecting rights in mental health law: the relationship between the courts and mental health tribunals

Darius Whelan

in Ethical and Legal Debates In Irish Healthcare: Confronting complexities

Published in print:
2016
Published Online:
May 2016
ISBN:
9780719099465
eISBN:
9781526104410
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719099465.003.0015
Subject:
Sociology, Culture

Ireland’s Mental Health Act 2001 requires that all involuntary admissions for mental disorder be reviewed within twenty-one days by a three-person Mental Health Tribunal. This chapter focuses on key ... More


Introduction

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0017
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This book focuses on the concepts of justice and fairness in relation to procedures. It provides a general framework for the understanding of procedures and procedural fairness, a framework within ... More


Environmental Law Dimensions of Human Rights

Ben Boer (ed.)

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.001.0001
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

The past few decades have seen a slow but steady convergence of certain aspects of the realms of environmental law and human rights at international and national levels. A high quality environment is ... More


Small Claims Procedure

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0013
Subject:
Law, EU Law

This chapter analyses the legislative history, main substantive content, and normative implications of Regulation (EC) No 861/2007 establishing a European Small Claims Procedure. The ‘Small Claims ... More


Consumers’ Access to Justice and Procedural Rights

Iris Benöhr

in EU Consumer Law and Human Rights

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199651979
eISBN:
9780191747885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199651979.003.0007
Subject:
Law, EU Law, Company and Commercial Law

This chapter explores the role of the right of access to justice in consumer law. It argues that, although access to justice has been recognized as a human right, consumers still face barriers to ... More


Concern and Respect in Procedural Law

Hamish Stewart

in The Legacy of Ronald Dworkin

Published in print:
2016
Published Online:
May 2016
ISBN:
9780190466411
eISBN:
9780190466442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190466411.003.0016
Subject:
Law, Legal History, Constitutional and Administrative Law

In “Principle, Policy, Procedure,” Ronald Dworkin poses the following conundrum: In every substantive legal dispute, one party has, as a matter of political morality, a right to win. Yet in ... More


Procedural Rights

Christopher Heath Wellman

in Rights Forfeiture and Punishment

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190274764
eISBN:
9780190274788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190274764.003.0005
Subject:
Philosophy, Political Philosophy, Moral Philosophy

Chapter 5 explores whether a wrongdoer forfeits her right against being punished as soon as she violates someone else’s rights or only after she has been duly convicted of doing so. Governments ... More


Procedural Right to Life Obligations

Ian Park

in The Right to Life in Armed Conflict

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198821380
eISBN:
9780191860737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821380.003.0003
Subject:
Law, Public International Law

A state’s procedural right to life obligations relate to the circumstances in which a state must conduct an investigation following a death. Procedural right to life obligations also extend to how ... More


Human Rights and the Environment

Alan Boyle

in Environmental Law Dimensions of Human Rights

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.003.0008
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

The relationship between human rights and environmental protection in international law is far from straightforward. A new attempt to codify and develop international law on this subject was ... More


A Human Right to a Clean Environment: A Reappraisal

Malgosia Fitzmaurice

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0012
Subject:
Law, Public International Law

This article explores the human right to a clean environment from the substantive and procedural points of view. It analyses the current state of affairs regarding the human right to a clean ... More


The Human Right to Be Presumed Innocent

Richard L. Lippke

in Taming the Presumption of Innocence

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190469191
eISBN:
9780190469214
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190469191.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter examines the claim made by numerous legal scholars that the presumption of innocence is a substantive human right, and thus not merely a procedural one. Unlike other basic human rights, ... More


Introductory Note: The Activity of the European Court of Human Rights in 2012

Albert Galinsoga Jordà

in The Global Community Yearbook of International Law and Jurisprudence 2013, Volume II

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199388677
eISBN:
9780190271893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199388677.003.0003
Subject:
Law, Public International Law

In the written contribution that it made to the preparation of the Brighton Conference (18–20 April 2012) on the reform of the European Convention of Human Rights (ECHR), the European Court of Human ... More


The Case against Religious Arbitration

Michael J. Broyde

in Sharia Tribunals, Rabbinical Courts, and Christian Panels: Religious Arbitration in America and the West

Published in print:
2017
Published Online:
June 2017
ISBN:
9780190640286
eISBN:
9780190640316
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190640286.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter is a review of the basic arguments against religious arbitration. “One Law for One People” argues that allowing any private law is bad. A second argument is that religious arbitration ... More


Introduction

Ben Boer

in Environmental Law Dimensions of Human Rights

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198736141
eISBN:
9780191800320
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736141.003.0001
Subject:
Law, Human Rights and Immigration, Environmental and Energy Law

The past few decades have seen a slow but steady convergence of certain aspects of the realms of environmental law and human rights. A high quality environment is coming to be regarded as a necessary ... More


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