Bills of Rights and Decolonization
Title | Bills of Rights and Decolonization PDF eBook |
Author | Charles Parkinson |
Publisher | Oxford University Press |
Total Pages | 314 |
Release | 2007-11-22 |
Genre | History |
ISBN | 0199231931 |
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Human Rights in the Twentieth Century
Title | Human Rights in the Twentieth Century PDF eBook |
Author | Stefan-Ludwig Hoffmann |
Publisher | Cambridge University Press |
Total Pages | 367 |
Release | 2010-12-13 |
Genre | History |
ISBN | 1139494104 |
Has there always been an inalienable 'right to have rights' as part of the human condition, as Hannah Arendt famously argued? The contributions to this volume examine how human rights came to define the bounds of universal morality in the course of the political crises and conflicts of the twentieth century. Although human rights are often viewed as a self-evident outcome of this history, the essays collected here make clear that human rights are a relatively recent invention that emerged in contingent and contradictory ways. Focusing on specific instances of their assertion or violation during the past century, this volume analyzes the place of human rights in various arenas of global politics, providing an alternative framework for understanding the political and legal dilemmas that these conflicts presented. In doing so, this volume captures the state of the art in a field that historians have only recently begun to explore.
Constitution-making in Asia
Title | Constitution-making in Asia PDF eBook |
Author | H. Kumarasingham |
Publisher | Routledge |
Total Pages | 212 |
Release | 2016-03-31 |
Genre | History |
ISBN | 1317245105 |
Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.
How Constitutional Rights Matter
Title | How Constitutional Rights Matter PDF eBook |
Author | Adam Chilton |
Publisher | Oxford University Press |
Total Pages | 280 |
Release | 2020-06-19 |
Genre | Law |
ISBN | 0190871466 |
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Decolonizing Human Rights
Title | Decolonizing Human Rights PDF eBook |
Author | Abdullahi Ahmed An-Naim |
Publisher | Cambridge University Press |
Total Pages | 157 |
Release | 2021-12-09 |
Genre | Law |
ISBN | 1108417132 |
This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.
Human Rights in Africa
Title | Human Rights in Africa PDF eBook |
Author | Bonny Ibhawoh |
Publisher | Cambridge University Press |
Total Pages | 270 |
Release | 2018-01-18 |
Genre | History |
ISBN | 110834058X |
Human rights have a deep and tumultuous history that culminates in the age of rights we live in today, but where does Africa's story fit in with this global history? Here, Bonny Ibhawoh maps this story and offers a comprehensive and interpretative history of human rights in Africa. Rather than a tidy narrative of ruthless violators and benevolent protectors, this book reveals a complex account of indigenous African rights traditions embodied in the wisdom of elders and sages; of humanitarians and abolitionists who marshalled arguments about natural rights and human dignity in the cause of anti-slavery; of the conflictual encounters between natives and colonists in the age of Empire and the 'civilizing mission'; of nationalists and anti-colonialists who deployed an emergent lexicon of universal human rights to legitimize longstanding struggles for self-determination, and of dictators and dissidents locked in struggles over power in the era of independence and constitutional rights.
Alternative Approaches to Human Rights
Title | Alternative Approaches to Human Rights PDF eBook |
Author | Christopher Roberts |
Publisher | Cambridge University Press |
Total Pages | 257 |
Release | 2022-11-24 |
Genre | Political Science |
ISBN | 1009080695 |
This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.