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Full-Text Articles in Law
A Positive Right To Protection For Children, Tamar Ezer
A Positive Right To Protection For Children, Tamar Ezer
Articles
Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …
The Search For Coherence In The Use Of Foreign Court Judgements By The Supreme Court Of Ireland, Bruce Carolan
The Search For Coherence In The Use Of Foreign Court Judgements By The Supreme Court Of Ireland, Bruce Carolan
Articles
The reference to foreign court judgments by the US Supreme Courts - particularly in cases involving the US Constitution - has sparked controversy. This controversy flared in Lawrence v. Texas, where Justice Scalia criticized Justice Kennedy for reference to judgments by the European Court of Human Rights in Justice Kennedy's majority opinion striking down the Texas sodomy statute. This article examines the issue from a different perspective: references to 'foreign' court judgments (including US Supreme Court opinions) by the Supreme Court of Ireland. The article examines the Irish Supreme Court's use of judgments from the European Court of Justice, the …
Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis
Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis
Articles
Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build safeguards against such disputes into their political and legal systems by establishing federal political structures, designing elections to encourage participation, and entering complex power-sharing arrangements, but such measures cannot be expected to prevent all conflict. Human rights and minority rights guarantees likewise have proven unable to accommodate all relevant groups and interests. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts as they arise. This presents an important question: what kinds …