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Books on the topic 'Constitutionally guaranteed rights'

Author: Grafiati

Published: 4 June 2021

Last updated: 17 February 2022

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1

A right to bear arms: State and federal bills of rights and constitutional guarantees. Greenwood Press, 1989.

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2

Jaising, Indira. Elusive equality: Constitutional guarantees and legal regimes in South Asia, Malaysia, and China. Women Unlimited, 2011.

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3

Elusive equality: Constitutional guarantees and legal regimes in South Asia, Malaysia, and China. Women Unlimited, 2011.

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4

Leahy, James E. Liberty, justice, and equality: How these constitutional guarantees have been shaped by United States Supreme Court decisions since 1789. McFarland & Co., 1992.

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5

Adams, Les. The second amendment primer: A citizens' guidebook to the history, sources, and authorities for the constitutional guarantee of the right to keep and bear arms. Palladium Press, 1996.

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6

Constitutional equality, a right of woman, or a consideration of the various relations which she sustains as a necessary part of the body of society and humanity; with her duties to herself - together with a review of the constitution of the United States, showing that the rights to vote is guaranteed to all citizens. Also a review of the rights of children. Lawbook Exchange, Ltd., 2008.

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7

Kaniye S A, Ebeku. Part 2 Interrelations between Constitutionalism and Sharī’ah: Antagonism or Complementarity?, 2.2 The Limited Applicability of Sharī‘ah under the Constitution of Nigeria. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0006.

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This chapter discusses the limited application of Sharīʻah under the constitution of Nigeria. It explains the rationale behind the present status by tracing the history and nature of the Nigerian state as well as the applicability of Sharīʻah in colonial Nigeria. It then focuses on the application of Sharīʻah in the immediate post-independence Nigeria as well as the Great Debate on the constitutional status of Sharīʻah in Nigeria since the 1970s. The example of Nigeria shows that it is possible for Muslim states to separate religion from the state, respect constitutionally guaranteed human rig

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8

Anup, Surendranath. Part VII Rights—Substance and Content, Ch.42 Life and Personal Liberty. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0042.

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This chapter considers the ‘right to life and personal liberty’ guaranteed in Article 21 of the Indian Constitution. It provides an account of the content of this right, the way in which its meaning has developed and been understood, and the shape the jurisprudence in this area has taken. It explores certain specific guarantees that have been recognized under the right, and the way in which the right has been expanded, including through the Supreme Court’s emphasis on dignity. It considers debates on the hierarchy of rights and concerns that remain on the nature and meaning of this guarantee w

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9

Iris, Glosemeyer, Shamiri Najib Abdul-Rehman, and Würth Anna. Part 4 Constitutionalism and Separation of Powers, 4.4 Yemen: A Burgeoning Democracy on the Arab Peninsula? Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:osobl/9780199759880.003.0022.

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This chapter examines constitutional developments in Yemen. It covers Yemeni constitutional history before unification, the fate of the 1991 Constitution, and the Constitution of 2001. It argues that despite the relative political continuity (in the sense that there have not been successful military coups or significant elite changes in decades), constitutionalism in the country may be characterized as being two-fold. First, numerous constitutional articles are ambiguous and amenable to adverse interpretations because they leave too much of the constitutional rights to be defined by laws, ther

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10

Ratna, Kapur. Part VII Rights—Substance and Content, Ch.41 Gender Equality. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0041.

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This chapter examines gender equality in post-colonial India, particularly some of the structural and normative factors that make it difficult for women to bring constitutional challenges in their fight for greater equality. It considers efforts at using law, especially constitutional equality rights, to challenge laws promoting sex discrimination in India, along with the use of fundamental rights to equality as guaranteed by Articles 14, 15, and 16 of the Indian Constitution to challenge legal rules and provisions believed to discriminate against women. The chapter describes two different app

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11

International, Amnesty, ed. Angola: Human rights guarantees in the revised constitution. Amnesty International U.S.A., 1991.

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12

Challenges to Civil Rights Guarantees in India. Oxford University Press, 2011.

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13

Robert F, Williams. Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 6 Methodology in State Constitutional Rights Interpretation. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195343083.003.0006.

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This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into the federal Constitution's 14th Amendment so as to be applicable to the states. United States Supreme Court interpretations of federal constitutional rights are not binding on state court interpretation of identical or similar state constitutional rights, but state court divergence under these circumstances can raise questions about its legitimacy. A number of questions arise in this context, includi

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14

Abhinav, Chandrachud. Part VII Rights—Substance and Content, Ch.43 Due Process. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0043.

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This chapter examines the guarantee of ‘due process of law’ in the Indian Constitution. After providing an account of Constituent Assembly Debates and the historical intent behind this guarantee, the Chapter explores how substantive due process came to become a part of Indian constitutional law. Through a reading of important cases, it demonstrates the shift from substantive due process to procedural due process before turning to a third kind of due process presently seen in Indian constitutional law that is distinct from these two standard forms. It examines this third form of ‘pure form’ due

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15

Robert F, Williams. Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 7 Lockstepping State Constitutional Rights with Federal Constitutional Law. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195343083.003.0007.

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This chapter discusses the practice — adopted by a number of state courts — of stating that state constitutional rights provisions will be interpreted identically to, or in “lockstep” with, similar or identical federal constitutional rights provision. State courts do this in a variety of ways, ranging from cases where they do not seem to acknowledge the possible difference between state and federal rights protections; to case-by-case adoption of federal constitutional interpretations; to “prospective lockstepping” where they announce that in the future the state and federal rights provisions w

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16

Schupmann, Benjamin A. Basic Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198791614.003.0007.

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Chapter 6 analyzes how Schmitt applied his state and constitutional theory to Weimar. It shows Schmitt theorized a “counter-constitution” that entrenched liberal basic rights absolutely against democratic amendment procedures. It challenges the belief that Schmitt was a “relentlessly” illiberal thinker. This chapter analyzes how Schmitt applied his thought to Weimar in opposition to the prevailing positivist interpretation of the constitution, which held that it committed above all to democratic equal chance. Schmitt argued that the “absolute” commitments of a liberal democratic constitution l

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17

Zick, Timothy. The Dynamic Free Speech Clause. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190841416.001.0001.

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This book examines the relational dynamics between the U.S. Constitution’s Free Speech Clause and other constitutional rights. The free speech guarantee has intersected with a variety of other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. Free speech principles and doctrines have facilitated the recognition and effective exercise of constitutional rights, including equal

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18

Tarunabh, Khaitan. Part VII Rights—Substance and Content, Ch.39 Equality: legislative review under Article 14. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0039.

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This chapter examines the grounds of legislative review under the general constitutional guarantee of the right to equality as embodied in Article 14 of the Indian Constitution. It first provides an overview of the traditional narrative on the transformation of Article 14, before turning to a discussion of two doctrines that have evolved to test the constitutionality of a measure when faced with an Article 14 challenge: the ‘classification test’ or the ‘old doctrine’ (‘unreasonable comparison’) and the ‘arbitrariness test’ or the ‘new doctrine’ (‘non-comparative unreasonableness’). It examines

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19

Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. II Constitutional Jurisprudence, 4 Key Rights and Freedoms. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0004.

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Every constitutional system today presents major controversies and encounters significant challenges in the protection and guarantees of fundamental rights, and for that reason they constitute the most lively subject of transnational constitutional dialogue. The Italian Constitutional Court has a highly developed body of jurisprudence on fundamental rights, starting with its very first decision examining the validity of Fascist laws limiting freedom of expression. This chapter provides a broad overview of some of the constitutional principles that ground fundamental rights in Italian constitut

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20

Balkin, Jack M., ed. What Obergefell v. Hodges Should Have Said. Yale University Press, 2020. http://dx.doi.org/10.12987/yale/9780300221558.001.0001.

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The authors of this book, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, the book's editor provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond

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21

Komarova, V. V., and S. S. Zaikin. Institute of Human Rights Commissioners in the system of constitutional guarantees: collection of reports. Isdatelstvo Prospekt LLC, 2019. http://dx.doi.org/10.31085/9785998808388-2019-288.

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22

Robert F, Williams. Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 5 The New Judicial Federalism. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195343083.003.0005.

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This chapter discusses the evolution of the New Judicial Federalism, reflecting the realization that state constitutional rights provisions can provide, or be interpreted to provide, more rights than the federal Constitution's national minimum standards. It describes the wide variety of state constitutional rights provisions, together with the various stages of the New Judicial Federalism beginning in the 1970s. These developments consisted of state high court decisions, law review literature, including influential articles written by state judges as well as Justice William Brennan, Jr., and c

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23

Zick, Timothy. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190841416.003.0001.

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The Introduction accomplishes several things. It emphasizes the central subject matter of the book, which is the relationships between freedom of speech and other (“non-speech”) constitutional rights. The Introduction also discusses different conceptions of constitutional rights—as textual guarantees, trumps of governmental power, and rhetorical devices. It emphasizes the relational character of rights and introduces the concept of Rights Dynamism, which is the process by which rights intersections occur. The Introduction highlights the bidirectional relationship between freedom of speech and

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24

Namita, Wahi. Part VII Rights—Substance and Content, Ch.52 Property. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0052.

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This chapter examines the fundamental right to property as an important, albeit contentious, provision in the Indian Constitution. It considers Article 19(1)(f) of the Constitution, which guaranteed to all citizens the fundamental right to ‘acquire, hold and dispose of property’. It considers the shifts and continuities concerning this right in India, in both colonial and Independent India. It analyses case law relating to agrarian reform under the First, Fourth, and Seventeenth Amendments (Article 31(4) and (6), Articles 31A and 31B). It also assesses the laws within the scope of Article 31(2

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25

Münch, Ursula, Christoph Klein, Carolin Ruther, and Jörg Siegmund, eds. Kranke Kinder haben Rechte! Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748921967.

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In the last 200 years, the field of paediatrics has taken enormously successful strides forward. However, in a healthcare system which is being increasingly geared towards efficiency and optimisation, the needs and rights of sick children are often overlooked, which includes aspects of hospital architecture and the necessary resources to afford children the time they need. Treating them as equals and respecting their participatory rights are also often neglected, while the particularities of paediatrics are hardly acknowledged in political debate or in the media. The first German Child Health

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26

Rex, Ahdar, and Leigh Ian. Part II, 5 Legal Protection of Religious Freedom. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199606474.003.0005.

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This chapter first considers the broad nature of ‘religious freedom’. It then outlines the various systems of constitutional protection for religious liberty in different nations such as the United States, the United Kingdom, Canada, and so on, as well as the guarantees in international law for religious rights. Next, it explores the difficult question of how one defines ‘religion’ for the purpose of recognizing religious liberty.

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27

Bhuta, Nehal, ed. Freedom of Religion, Secularism, and Human Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198812067.001.0001.

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This interdisciplinary volume examines the relationship between secularism, freedom of religion, and human rights in legal, theoretical, historical, and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies, and history, and provides insights into the debate about the relationship between these concepts. It draws on constitutional and political discourses not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia. Chapter 1 argues that the history of the interrel

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28

Leahy, James E. Liberty, Justice & Equality: How These Constitutional Guarantees Have Been Shaped by US Supreme Court Decisions Since 1789 (Thru 1991). Diane Pub Co, 1992.

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29

Harris, David, Michael O'Boyle, Ed Bates, and Carla Buckley. Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198785163.001.0001.

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This fourth edition of Law of the European Convention on Human Rights builds on the great strengths of earlier editions. An up-to-date account of Strasbourg case law and its underlying principles, this title facilitates an understanding of this key area of law. It explores the extent of the Convention’s influence upon the legal development of the contracting states, and reveals exactly how such a considerable impact has been achieved and maintained. It sets out and critically analyses the Strasbourg jurisprudence on each Convention article that constitutes the substantive guarantee, and examin

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30

Minow, Martha, and Robert C. "Bobby" Scott. A Federal Right to Education. Edited by Kimberly Jenkins Robinson. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479893287.001.0001.

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This book brings together an array of leading scholars to engage three critical questions surrounding the current debate over a federal right to education. First, should the United States recognize such a right? The authors of part 1 collectively answer this question as they weigh the arguments for and against. They paint a picture of crippling inequality within our schools—sharing accounts of massive racial and socioeconomic disparities along the way—which compels them to form a nearly unanimous consensus that a federal right to education would reap important benefits for all students. But ev

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31

Adams, Les. Second Amendment Primer: A Citizen's Guidebook to the History, Sources, and Authorities for the Constitutional Guarantee of the Right to Keep and Bear Arms. Skyhorse Publishing Company, Incorporated, 2015.

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32

Adams, Les. The Second Amendment primer: A citizen's guidebook to the history, sources, and authorities for the Constitutional guarantee of the right to keep and bear arms. 2013.

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33

Jain, Neha. The Democratizing Force of International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0015.

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This chapter argues that international law has served as a useful tool for the Indian Supreme Court in fulfilling aims that have little to do with the court’s purported status as an organ of the international community. Rather, the Supreme Court has appropriated international legal norms to pursue primarily domestic goals. This chapter proceeds as follows. Section II gives an overview of the status of international law in the Indian constitutional scheme. Section III analyzes the creative uses of international law by the Indian Supreme Court to fill in and add to the content of constitutional

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34

Phillips, Anne. Democratizing Against the Grain. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829621.003.0002.

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Equality in representation and decision-making is crucial to gender equality; it can also help address concerns about cultural bias in the framing of supposedly universal rights. Yet achieving this equality is proving an uphill struggle in self-proclaimed democracies supposedly committed to egalitarian principles. In systems of authority that define themselves against what they perceive as the overly conflictual practices of democracy, or that explicitly endorse a hierarchy, there is not even that language of political equality and democratic legitimacy in which to make the case. This chapter

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35

Teixeira, Sergio Torres, and Julienne Diniz Antão. Garantias constitucionais do processo e instrumentalidade processual. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-251-3.

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During the months of May to September, Prof. Dr. Sérgio Torres Teixeira taught a discipline called “Constitutional Guaranties of the Process and Procedural Instrumentality” (which is also the name of this book) in the Post-Graduate Program of the Federal University of Pernambuco; one of the first classes entirely online in regard to COVID-19 safety measures. Despite the distance, all classmates were remarkably close in the intellectual purpose of learning and develop the law. Their researches, discussions and enthusiasm gave birth to this book, which delves deeply in important matters regardin

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36

Rose, Jonathan. Readers' Liberation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198723554.001.0001.

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The Literary Agenda is a series of short polemical monographs about the importance of literature and of reading in the wider world and about the state of literary education inside schools and universities. The category of 'the literary' has always been contentious. What is clear, however, is how increasingly it is dismissed or is unrecognised as a way of thinking or an arena for thought. It is sceptically challenged from within, for example, by the sometimes rival claims of cultural history, contextualized explanation, or media studies. It is shaken from without by even greater pressures: by e

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