Digital Commons Network^™

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Main Structural Characteristics Of Global Constitutionalism., Elizabeth Lvova

Elizabeth Lvova

Nowadays current global problems stand as burning challenges of multi-level governance and reflect the importance of advanced cooperation of the states. Moreover the expansion of international human rights revealed the necessity of modification of international legal methods of common values security, shifting them on the global level. In these conditions modern international public law vividly evolved and is apt to reconfiguration including altering positions from cooperation to constitutionalization. Modifying relations among the international public authorities and the global activity of modern international actors (individuals, transnational companies and business organizations, international non-governmental organizations, etc.) pointed out the changes in the international …

Don’T Close Guantánamo, Jennifer Daskal

Jennifer Daskal

Thanks to the spotlight placed on the facility by human rights groups, international observers and detainees' lawyers, there has been a significant, if not uniform, improvement in conditions.

Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly

Erin Daly

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of …

Desafíos Para Los Derechos De La Persona Ante El Siglo Xxi: Familia Y Religión / Sfide Per I Diritti Della Persona Nel Xxi Secolo: Famiglia E Religione / Challenges Of Individual Rights In The Xxi Century: Family And Religion, Edoardo C. Raffiotta, Antonio Pérez Miras, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Facing continuous changes and evolving social contexts that are a characteristic of a pluralistic society, a law professional encounters difficulties with re-arranged traditional institutions such as family and marriage, as well as difficulties in redefining the role of religion in our societies, especially in relation to individual rights and liberties within these institutions. To address these important topics, the author reviews the approach to the study of the challenges facing the constitution, and in particular the rights of the individual, in our multicultural societies.

Desafíos Para Los Derechos De La Persona Ante El Siglo Xxi: Ciencia Y Vida / Sfide Per I Diritti Della Persona Nel Xxi Secolo: Vita E Scienza / Challenges Of Individual Rights In The Xxi Century: Life And Science, Antonio Pérez Miras, Germán M. Teruel Lozano, Edoardo C. Raffiotta

Germán M. Teruel Lozano

Scientific advances often go beyond the classic thoughts of Law. Rapidly, new discoveries and the development of new techniques question fundamental aspects of human existence and the future of our species. So the law and legal operators cannot stand still when faced with the challenges posed by new discoveries and techniques, especially applied to humans. In this book the reader will find many works that examine these challenges, which arise with respect to constitutionalism, and in particular to the rights of the individual; intense debates, sometimes difficult to reconcile from the moral, but that cannot be ignored in the law.

El Reconocimiento Constitucional De Los Derechos De La Persona Y Sus Puntos Ciegos En La Constitución De Cádiz, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Desafios Para Los Derechos De La Persona Ante El Siglo Xxi: Internet Y Nuevas Tecnologías / Sfide Per I Diritti Della Persona Nel Xxi Secolo: Internet E Nuove Tecnologie / Challenges Of Individual Rights In The Xxi Century: The Internet And New Tecnologies, Germán M. Teruel Lozano, Antonio Pérez Miras, Edoardo C. Raffiotta

Germán M. Teruel Lozano

The technological advances in recent decades have had an exceptional impact on the model of society causing what can be considered a true "revolution", which is both social and cultural and economic and legal. In particular, the Internet has made possible the birth of a new "civic habitat" that creates new opportunities for people to exercise their rights and freedoms in a space that knows no boundaries or time limits. Nevertheless, the Internet may also represent a new source of risk for the individual and his rights, thus giving rise to new challenges for their protection. Therefore this work seeks …