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Full-Text Articles in Law
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Banks
Taunya Lovell Banks
Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …
Kosovo: The Day After, Timothy William Waters
Kosovo: The Day After, Timothy William Waters
Articles by Maurer Faculty
No abstract provided.
Bringing Democracy To Puerto Rico: A Rejoinder, Luis E. Fuentes-Rohwer
Bringing Democracy To Puerto Rico: A Rejoinder, Luis E. Fuentes-Rohwer
Articles by Maurer Faculty
No abstract provided.