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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


Remedies Reclassified

Rafal Zakrzewski

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is about the law of remedies. It establishes the boundaries of this discrete area of law and provides a new classification of remedies. The book first examines the difficulties of the term ... More


Stable Core Meaning of ‘Remedy’

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter identifies and explains the stable core concept of a remedy. As Dobbs states, the field of remedies needs suitable boundaries. This chapter demarcates these boundaries by making a ... More


Conclusion: Immigrant Rights—a Challenge for Welfare States

Diane Sainsbury

in Welfare States and Immigrant Rights: The Politics of Inclusion and Exclusion

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199654772
eISBN:
9780191744747
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654772.003.0012
Subject:
Political Science, Political Economy, Comparative Politics

Chapter 12 argues that recasting the debate on immigration and welfare states necessitates a reformulation of the challenge to welfare states. The analysis in Part I reveals that the type of welfare ... More


Regulatory Rights

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the reach of rational instrumentalism in the Supreme Court's development of substantive rights in order to explain and appreciate how thoroughly instrumentalism predominates. ... More


Classification of Remedies 1

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter reviews the received classifications of remedies which are used as the basis for numerous books and courses on remedies and tries to show that they are seriously defective. It proposes a ... More


Replicating Primary Rights: Equitable Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter deals with remedies that originated in equity. Courts have historically approached the granting of these remedies from a different perspective. Although an actual or threatened ... More


Monitoring Progress Toward Fulfilling Rights in Early Childhood Under the Convention on the Rights of the Child to Improve Outcomes for Children and Families

Clyde Hertzman, Ziba Vaghri, and Adem Arkadas-Thibert

in Handbook of Early Childhood Development Research and Its Impact on Global Policy

Published in print:
2013
Published Online:
January 2013
ISBN:
9780199922994
eISBN:
9780199980420
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199922994.003.0019
Subject:
Psychology, Developmental Psychology

Can the United Nations Convention on the Rights of the Child (UN-CRC), to which 193 countries are signatory, be used as a tool to support developmental health in the early years? Improving early ... More


Replicating Primary Rights: Common Law Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter begins with remedies that replicate primary rights. For a primary right to be replicated in a court order it must satisfy three criteria. First, it must be infringed or in danger of ... More


The Basic Structure

Stephen A. Smith

in Rights, Wrongs, and Injustices: The Structure of Remedial Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199229772
eISBN:
9780191843839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199229772.003.0004
Subject:
Law, Law of Obligations

Chapter 4 sets out a framework and associated terminology for expressing how private law orders differ from other legal phenomena, and how they differ from one another. In developing this framework, ... More


Writers on ‘Remedies’

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter looks at the concept of remedy in the context of five leading works on remedies. It considers the works of a number of leading writers on remedies to determine whether the writers are ... More


Immigrants’ Social Rights across Welfare States

Diane Sainsbury and Ann Morissens

in Welfare States and Immigrant Rights: The Politics of Inclusion and Exclusion

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199654772
eISBN:
9780191744747
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654772.003.0006
Subject:
Political Science, Political Economy, Comparative Politics

Chapter 6 moves beyond formal rights to substantive social rights, and it provides a systematic comparison of immigrants' social rights across the six countries, using the Luxembourg Income Study ... More


Conclusion

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0014
Subject:
Law, Constitutional and Administrative Law

This book is concerned with the classification of remedies in private law. In the first part, it considers why remedies constitute a separate category of rights alongside substantive rights. In the ... More


Instability of ‘Remedy’

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter draws attention to the promiscuity of the term ‘remedy’ and identifies a number of different senses in which it is used. It considers the extent of the concept's instability. ‘Remedy’ is ... 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


The Significance of a Civil Wrong

Stephen A. Smith

in Civil Wrongs and Justice in Private Law

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter claims that the commission of a civil wrong generally holds no significance for the substantive rights and duties of the parties to the wrong, and that it holds but minor significance in ... More


Rational Instrumentalism

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0005
Subject:
Law, Company and Commercial Law

This chapter investigates the Supreme Court's use of rational instrumentalism to arrange the issues that demand resolution in actual cases, specifically exploring the modern illustrations of the work ... More


Form, Creation, Legal Effects

Stephen A. Smith

in Rights, Wrongs, and Injustices: The Structure of Remedial Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199229772
eISBN:
9780191843839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199229772.003.0003
Subject:
Law, Law of Obligations

Chapter 3 has two main aims. First, it provides an overview of the legal rules governing the form, creation, and legal effects of private law orders. Second, it explains these rules, and in ... More


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