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Articles 1 - 9 of 9
Full-Text Articles in Law
Global Environmental Constitutionalism, Erin Daly, James May
Global Environmental Constitutionalism, Erin Daly, James May
Erin Daly
No abstract provided.
Transitional Justice In Iraq: Learning The Hard Way, Erin Daly
Transitional Justice In Iraq: Learning The Hard Way, Erin Daly
Erin Daly
The relationship between transitional justice and democracy is fraught and complex, and nowhere more so than in Iraq since the fall of Saddam Hussein. Iraq has experienced a range of transitional justice initiatives, including the trial and execution of its former leader, purges from the civil service and the military, and a series of reconciliation conferences. And yet, democracy has not fully taken root and violence continues to plague many parts of the nation on a regular basis. This article argues that initiatives aimed at changing the structure of society -- including but not limited to constitutionalism, frequent elections, and …
The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly
The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly
Erin Daly
No abstract provided.
Dignity Rights: Courts, Constitutions, And The Worth Of The Human Person, Erin Daly
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 …
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly
Erin Daly
The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Senate Debate Served Us All Well, Erin Daly, Paul Regan
Erin Daly
No abstract provided.
Editorial, Finger-Pointing In The Gulf Gets Us Nowhere, Erin Daly
Editorial, Finger-Pointing In The Gulf Gets Us Nowhere, Erin Daly
Erin Daly
No abstract provided.
Constitutional Dignity: Lessons From Home And Abroad, Erin Daly
Constitutional Dignity: Lessons From Home And Abroad, Erin Daly
Erin Daly
The American Supreme Court has long recognized the dignity of states, especially in the recent spate of tenth and eleventh amendment cases. Yet, it has never fully embraced the concept of human dignity as part of its individual rights jurisprudence (though individual justices have done so). By contrast, courts around the world have increasingly recognized human dignity as an important, if not predominant, constitutional right. This article argues that both the American Supreme Court state sovereignty cases and the foreign human dignity cases evince an understanding of human dignity that is rooted in the idea of autonomy and self-determination. Defined …
Sexual Orientation And Workplace Rights: A Potential Land Mine For Employers?, Erin Daly, Howard Simon
Sexual Orientation And Workplace Rights: A Potential Land Mine For Employers?, Erin Daly, Howard Simon
Erin Daly
No abstract provided.