Law Commons^™

Reproductive Privacy In The World: Critical Examination Of June Medical Services, L.L.C. V. Russo And Buck V. Bell, Kumiko Kitaoka

Washington and Lee Journal of Civil Rights and Social Justice

Using insights from Professor Stephen A. Simon’s Universal Rights and the Constitution, this Article argues that national courts should continue to assume an active role in the protection of privacy rights by giving due consideration to the nature of the privacy right in combination with the merits of the universal right theory. This Article then demonstrates that both foreign national courts and domestic state courts have recognized the right to procreate and key aspects of the right to abortion as fundamental rights.

Part II introduces the universal right theory, explaining why the theory is particularly relevant to the protection …

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

Russell L. Weaver

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson

Georgia Journal of International & Comparative Law

No abstract provided.

"Welcome To Europe, Which Has Always Been Yours": Are Bulgarians And Gypsies Second Class Citizens?, Adriana Hristova

Georgia Journal of International & Comparative Law

No abstract provided.

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam [Thuyết Cân Đối Trong Vấn Đề Giải Thích Các Quyền Về Hiến Pháp: So Sánh Giữa Canada, Liên Hiệp Các Vương Quốc Anh Và Singapore Và Kinh Nghiệm Cho Vìệt Nam], Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …

Decent Work, Older Workers, And Vulnerability In The Economic Recession: A Comparative Study Of Australia, The United Kingdom, And The United States, Susan Bisom-Rapp, Andrew Frazer, Malcolm Sargeant

Faculty Scholarship

In countries with aging populations, the global recession presents unique challenges for older workers, and compels an assessment of how they are faring. To this end, the International Labour Organization's concept of decent work provides a useful metric or yardstick. Decent work, a multifaceted conception, assists in revealing the interdependence of measures needed to secure human dignity across the course of working lives. With this in mind, in three English-speaking, common law countries (Australia, the United Kingdom, and the United States), this Article considers several decent work principles applicable to older workers and provides evaluations in light of them. Relevant …

Narratives Of Oppression, Michael Tigar

Human Rights Brief

No abstract provided.

Reforming Disability Nondiscrimination Laws: A Comparative Perspective, Stanley S. Herr

University of Michigan Journal of Law Reform

Comparing the law and policies of other countries concerning disability rights to ours can help us understand how we may strengthen those rights and heighten compliance with nondiscrimination laws. Since it took effect in 1992, the Americans with Disabilities Act (ADA) has been a leading example of such comprehensive legislation on behalf of people with disabilities. Along with the United Nations Standard Rules on Equalization of Opportunities for Persons with Disabilities, the ADA has inspired many countries to develop their own disability nondiscrimination laws and remedial agencies. This process must work in both directions, however, and laws and agencies from …

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

Self-Defense: The Equalizer, David B. Kopel, Linda Gorman

David B Kopel

Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.

British Anti-Discrimination Law: An Introduction, Christopher Mccrudden

Penn State International Law Review

The United Kingdom is a signatory of a number of international treaties protecting various aspects of human rights, including freedom from discrimination. Yet, there is no legislation in this country protecting a comprehensive list of human rights in the manner of the United States Bill of Rights, although there have been a number of unsuccessful atempts to enact such legislation since 1969. Moreover, prior to race relations legislation, there was no general rule, policy or principle in common law directly relevant to combating racial discrimination or incitement to racial hatred.

The inadequacies of the common law and statutes stimulated several …