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Thomas C. Wright - State Terrorism in Latin America

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Thomas C. Wright

State Terrorism in Latin America

2006

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Part I: Human Rights, State Terrorism, and Latin America S. 1-44

„… PART ONE HUMAN RIGHTS, STATE TERRORISM, AND LATIN AMERICA CHAPTER ONE The Human Rights Revolution …” „… the other hand, the descent into state terrorism. -Inter-American Commission on Human Rights2 State …” „… states ratify protocols expanding the realm of human rights deemed worthy of protection) Second, between …”

Preface

„… encounter with state terrorism and human rights-motivated me to delve further into the dark side of Latin …” „… . Human rights-Chile. 4. Human rights-Argentina. I. Title. HV6322.3.C5W75 2007 982.06'4-dc22 Printed in …” „… Rights, State Terrorism, and Latin America Chapter 1 Chapter 2 The Human Rights Revolution The Latin …”

Part II: The Dirty Wars S. 45-138

„… the practices of state terrorism and offer plausible deniability to charges of gross human rights …” „… be used for more arrests and to break their will to resist the military state. A Chilean human rights …” „… office for human rights in the State Department, which was required to produce annual reports on human …”

Selected Bibliography S. 233-254

„… University Press, 1995. Schoultz, Lars. Human Rights and United States Policy toward Latin America. Princeton …” „… : Amnesty International, 1982. --. Argentina: The Military Juntas and Human Rights-Report of the Trial of …” „… argentina, 1810-1997. Buenos Aires: Grupo Editorial Norma, 1999. Abregu, Martin. "Human Rights after the …”

Part III: Justice versus Impunity S. 139-224

„… of the state's role as active promoter, rather than simply presumed guardian, of human rights. 33 …” „… , keeping the country and the military in a prolonged state of agitation.41 Human rights organizations and …” „… devoted to collecting, preserving, and disseminating documentation on state terrorism and human rights …”

Conclusion: Chile, Argentina, and International Human Rights S. 225-232

„… CONCLUSION Chile, Argentina, and International Human Rights This book has examined state terrorism …” „… dictatorship sheds important light on the state of international human rights in the 1970s and 1980s …” „… open, unvarnished state terrorism was the single greatest catalyst to strengthening human rights …”

Index S. 255-266

„… and generally, xiv; United States, movement for in, 74-75. See also international human rights regime …” „… , 7-8, 75, 80, 121, 124; Human Rights Working Group, 75 United States: Argentina and, 122-23, 125; Chile …” „… rights and, 150-51; impunity and, 154, 155, 156-57; on national security, 144; transitional justice and …”

About the Author S. 267-271

„… , Journal of Church and State, Latin American Research Review, and other journals. 267 ').TIR AKERICAR …” „… Joanne Hershfield and David R. Maciel Ret'Oiudon in Mexico's Heartl01ul: PoUtics, War, 01ul State …” „… Perceptions of the United States By Stephen D. Morris Real Ufe in Castro's Cuba By Catherine Moses Bra>il in …”

doi.org/10.5771/9781461642800

Christina Binder, Konrad Lachmayer - The European Court of Human Rights and Public International Law

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Christina Binder (ed.), Konrad Lachmayer (ed.)

The European Court of Human Rights and Public International Law

Series: Schriften zum Internationalen und Vergleichenden Öffentlichen Recht

Volume 23 2014

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The European Court of Human Rights and State Responsibility S. 93-118

„… The European Court of Human Rights and State Responsibility Melanie Fink I. Introduction …” „… to invoke the responsibility of those states who infringe rights guaranteed under the Convention …” „… the ECHR is lacking 94 The European Court of Human Rights and State Responsibility clear leges …”

State Succession and the Jurisprudenceof the European Court of Human Rights S. 119-144

„… State Succession and the Jurisprudence of the European Court of Human Rights Marcel Szabó I …” „… successor states for the conclusion of agreements related to state succession, including the rights and …” „… Rights IV. The right to citizenship in case of state succession and the state’s responsibility …”

State Immunity and the Right of Access to Courtin the Recent Case Law of the ECtHR S. 65-92

„… State Immunity and the Right of Access to Court in the Recent Case Law of the ECtHR Raffaella …” „… State immunity and the right of access to court IV. The European Court case law on State immunity in …” „… the right of access to court, i.e. on the possibility that the recognition of immunity to a State may …”

The European Court of Human Rights and the Law of Treaties – Sign of Fragmentation or Unity? S. 41-64

„… establishes the European Court of Human Rights (ECtHR) to monitor states’ compliance with their conventional …” „… fundamental rights of individuals rather than the interests of contracting states. The obligations enshrined …” „… view of states’ original consent through the ratification of human rights treaties (the ECHR) as …”

The duty not to recognise unlawful territorial situations and the European Court of Human Rights S. 11-40

„… October 1933, 163 LNTS 393; Article 11, Convention on Rights and Duties of States, 26 December 1933, 165 …” „… incumbent upon States in light of human rights law. Though the Court agreed that Moldova did not exercise …” „… The duty not to recognise unlawful territorial situations and the European Court of Human Rights …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Fragmentation or Unity? ........................... 41 Raffaella Nigro State Immunity and the Right of …” „… Melanie Fink The European Court of Human Rights and State Responsibility ...... 93 Marcel Szabó State …” „… CHRISTINA BINDER / KONRAD LACHMAYER (EDS.) The European Court of Human Rights and Public …”

Introduction S. 7-10

„… Court of Human Rights: Sign of Fragmentation or Unity? Christina Binder and Konrad Lachmayer * This …” „… Jurisprudence of the European Court of Human Rights: Sign of Fragmentation or Unity?’ which was held in …” „… Human Rights (ECtHR) reception/application of general international law can be situated in the broader …”

Contributors to this Volume S. 145-146

„… accountability for human rights violations during Frontex-coordinated joint operations. She receives a DOC …” „… European Legal Studies (Cambridge). He served as editor for several books including State Responsibility …”

doi.org/10.5771/9783748930679

Dirk Ehlers, Henning Glaser, Kittisak Prokati - Constitutionalism and Good Governance

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Dirk Ehlers (ed.), Henning Glaser (ed.), Kittisak Prokati (ed.)

Constitutionalism and Good Governance

Series: CPG Series of Comparative Constitutional Law, Politics and Governance

Volume 1 2014

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Claudia Derichs Constitutional Rights in Multiethnic States – The Case of Malaysia S. 255-280

„… Constitutional Rights in Multiethnic States – The Case of Malaysia Claudia Derichs Introductory …” „… capital Kuala Lumpur and the island Labuan on the East coast). The States enjoy the legislative rights of …” „… some point in future (Malaysia Today, June 8, 2010). Constitutional Rights in Multiethnic States – The …”

Andreas Føllesdal Federalism and Human Rights in Nepal’s Constitutional Design: Challenges for the Judiciary S. 195-206

„… rights – and embody federal features. There is clearly no ‘best’ institutional blueprint for all states …” „… constitution – the ‘operating system’ – of a democratic, human rights-respecting Nepal republic. The judiciary …” „… to interpret and apply federal features in the new, human rights-respecting constitution. Human …”

Albert H.Y. Chen Western Constitutionalism in Southeast Asia: Some Historical and Comparative Observations S. 63-80

„… , liberal-democratic and human rights-friendly in spirit and content. The establishment of constitutional courts in …” „… trajectories of the new Southeast Asian states born after the Second World War have been very different. Today …” „… state. Countries of different political persuasions, whether capitalist or communist, have unanimously …”

Boonsri Mewongukote Constitutionalism in Thailand: Problems and Perspectives S. 217-242

„… one’s own fault, had the right to receive aid from the State (Sec. 244 –5). • The alleged offender or an …” „… youths with no guardian should have the right to receive care and education from the State, as provided …” „… maintain their livings should have the right to aids from the State, as provided by law (Sec. 54). • The …”

Jörg Menzel Constitutionalism as Development S. 81-104

„… principles of democracy, basic rights and rule of law. Within the many states that have written constitutions …” „… Gordon, Controlling the State, 1999. 7 See e.g. Samoa, where the right of Samoans to be elected to …” „… United States Supreme Court. 28 This is the reason why Singapore abolished constitutional property rights …”

Bodo Pieroth The Notion of the “Rule of Law” and its Development in German Constitutional History S. 105-126

„… only bind the state to the degree permitted by law (e.g. through the legal right to practice one‘s …” „… of law, the state does not have the right to position itself above the law.”14 The state must also I …” „… generally applicable foundation of law. Human rights also revealed the state‘s raison d‘être in a completely …”

Henning Glaser Multiple Constitutionalizations – ‘Constitutionalism and Good Governance in European-Asian Perspectives’ S. 11-62

„… reflects the secularization of the ideas of state and human rights, it is also true that it inherited a …” „… , binding all state powers and, different from all other basic rights, is ruling non-restrictable (see art 1 …” „… between state and citizens (the question of rights) and its y-axis constituted by the power allocation …”

Rudolf Mellinghoff Election Law and the Constitutional Order in Germany S. 153-162

„… regard to the exercise of their right to vote is one of the essential foundations of state order. The 3 …” „… states, there is hardly any phenomenon which is as widespread as that of voting. Therefore it is a …” „… law. The citizens’ right to freely and equally determine the representatives and the contents of …”

Robert Esser Constitutionalization and Rights of Freedom: Implementing International Human Rights Standards as a Contribution to the Constitutionalization of National Criminal Law S. 281-302

„… . Therefore, human rights standards can force a state to pass legislation, which due to (false) respect for …” „… the fear of losing one’s state identity and sovereignty. However, human rights standards are only …” „… Constitutionalization and Rights of Freedom: Implementing International Human Rights Standards as a …”

Dieter Grimm Levels of the Rule of Law – On the Possibility of Exporting a Western Achievement S. 141-152

„… right to flout the law in a state governed by the rule of law. The state is, however, the source of the …” „… fundamental rights. The state may not infringe upon one’s fundamental rights without statutory authorisation …” „… Fundamental Rights When it was said in a previous statement that the submission of the state to law is a value …”

Dirk Ehlers Federalism and Decentralization S. 183-194

„… countries. However, the full particulars of a state‘s constitutive nature depend on multiple circumstances …” „… lecture will be the situation in Germany. There, and in almost every other state in Europe – with the …” „… separation of powers in the sense of checks and balances1 is the division of the federal state into …”

Warawit Kanithasen Some Critical Observations on the Freedom of Assembly in Thailand S. 243-254

„… state interference and has its roots in human rights which in turn, traces back to the concept of …” „… exercising its powers state authorities shall have to take human dignity, rights and liberties into …” „… Part III: Rights Some Critical Observations on the Freedom of Assembly in Thailand Warawit …”

Yueh-sheng Weng Interpretations of the Constitutional Court and the Developments of Rule of Law and Democratic Constitutionalism in Taiwan S. 319-360

„… the developments of constitutional laws in modern constitutional states. Taiwan, a country with a …” „… states. This article provides a brief discussion of the Constitutional Court in Taiwan and its changing …” „… time, the Taiwanese people could not exercise their fundamental rights enshrined in the Constitution …”

Rainer Grote Constitutionalization of Political Rule in Europe: Freedom of Speech, Press and Assembly S. 303-318

„… when examining the proportionality of state interference with the right. It leads the German …” „… right to criticise the ruler would appear as a natural right of the subjects to find fault with their …” „… jurisprudence of national constitutional courts as well as of the European Court of Human Rights on freedom of …”

Son Soubert Cambodia and the ASEAN: Which Choice Between the Regional and Global Powers? S. 207-216

„… multi-cultural religious freedom with equal rights. Yet, another one would be an atheist communist state which …” „… along the global cleavages of the Cold War. As other states also Cambodia was forcefully encouraged into …” „… this overarching alliance by former Secretary of State Foster Dulles. However, Cambodia’s charismatic …”

Ingwer Ebsen Democracy and Majority Rule S. 163-182

„… other than the pure majority principle, and ultimately the rights of the states in a federal system. All …” „… human rights, to the federal order of the state, and to the principles of the rule of law and of the …” „… state that protects and also provides infrastructure and services is now more than ever a prerequisite …”

Hassavut Vititviriyakul Democracy, Elections and the Constitutional Governance S. 361-368

„… protection of rights and liberties and the limitation of state powers by way of principles rather than by …” „… . Academics in this region will benefit from the development of an understanding on the rights and liberties …” „… protection of rights and liberties, as well as efficiency in the systematic, fair and appropriate …”

Titelei/Inhaltsverzeichnis S. 1-10

„… States – The Case of Malaysia 255 Claudia Derichs Constitutionalization and Rights of Freedom …” „… work is subject to copyright. All rights are reserved, whether the whole or part of the material is …” „… . Other articles reflect on human right issues related to countries like Germany, Malaysia and Thailand as …”

Björn Dressel Transformation of Constitutionalism in Asia: The Role of the Judiciary S. 369-392

„… rights jurisprudence (positive rights, procedural justice) and the redrawing of boundaries between state …” „… – has been well-documented for the United States, Europe, and Latin America2, but the circumstances …” „… Expansion of Judicial Power, 1995; Epp, The Rights Revolution, 1998; Stone Sweet, Governing with Judges …”

J. W. F. Allison An Introduction to the Historical Constitutionalism of the English Common Law S. 127-140

„… government, their interrelations, their duties towards citizens, the rights of those citizens etc. The …” „… declarations or definitions of rights so dear to foreign constitutionalists” as intrinsic to the English rule …” „… constitution or declaration of rights must now be qualified. The constitutional legal culture averse to written …”

doi.org/10.5771/9783845237558

Tapani Turkka - The Origins of Parliamentarism

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Tapani Turkka

The Origins of Parliamentarism

Series: Studies in Political Theory

Volume 2 2007

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Return to the acknowledgedly right state of affairs S. 51-57

„… twice over, as a return to the acknowledged right state in the sphere of politics and as a long-term …” „… right state of affairsIn an appraisal of the Glorious Revolution in its aspect of a return, its …” „… revolution had been undertaken. On the other it describes what is known to be the right state of affairs …”

Every man in the state of nature disposes of power S. 74-77

„… rights.On the basis of the foregoing it is clear that each man in the state of nature is a user of power …” „… others and give him an undoubted right to govern and dispose of them.452.2. Every man in the state of …” „… freedom in that state; nonetheless he has not the right to destroy 42 Locke, II, § 4.43 Locke, II, § 4.44 …”

A “strange doctrine” S. 77-79

„… doctrine”When we consider the rights man is endowed with as a user of power in the state of nature we may …” „… , from a practical standpoint, inevitable consequence. In the state of nature all men enjoy the right to …” „… practices of state and law and the rights these confer – what grounds other than those the law of nature …”

The problem of viability S. 124-130

„… level of state practice. Use of the right of veto had by the 1690s already proved more or less …” „… take place in the exercise of state power, and when it came it was in the form of the constitution of …” „… system in the state. The ? nancial powers of the Commons conditioned and called in question the authority …”

The state of nature is the state all men are naturally in S. 72-74

„… man in the state of nature in a position of power over others and give him an undoubted right to …” „… people still living in the state of nature; such a people will dispose of real power in establishing a …” „… state formation. In this, however, we encounter a peculiar problem: we do not know what is actually to …”

Membership in society S. 81-84

„… and behaving and secure them their rights.102 Hence each man in the state of nature is left to assess …” „… that men’s existence in the state of nature is very uncertain, very insecure.94In consequence of this …” „… perpetual sense of unsecurity and threat, Locke explains, men seek remedy for their state, and in ? rst …”

Inconveniences in the state of nature as grounds for membership in a society S. 79-81

„… each so that men would not transgress against each other’s rights.74 Moreover, as to the law of nature …” „… clearer and more manifest than the positive laws of the state (common-wealth).76 Men should be aware that …” „… these are “only so far right, as they are founded on the Law of Nature, by which they are to be …”

Re-definition of legitimacy S. 168-175

„… ? nition in paragraph 3 political power is exercised in the form of the state for the bene? t of all, not …” „… takes place in the form of the state. Without this ‘act of settlement’ Locke’s doctrine would have …” „… speci? ed in the important account of the origins of the state as political power given in chapter V.The …”

The possibility of realisation of legitimacy S. 164-168

„… already political power.31 As such the state possesses three rights, namely legislation, execution of the …” „… point of departure for the de? nition in paragraph 3 whereby the rights of the state as political power …” „… legitimate exercise of political power apply equally to the state. Inasmuch as the use of state power is …”

The significance of entry into membership in a society S. 84-86

„… This state of affairs is, according to Locke, nonetheless right and just, for the other members of the …” „… foregoing it has emerged as man’s original state.116 Now it comes to the fore as a state which is ever …” „… society constitutes ful? llment of men’s desires. In membership men ? nd what in their original state they …”

The opposition perspective S. 180-186

„… 1980; Dickinson 1973, 140–159.POLITICAL RESPONSIBILITY 181to be the right state of affairs, and the …” „… each other.91 The exercise of state power is re? ected in them as if it comprised two completely …” „… state power. To this simple, self-evident and – to those encumbered with it – most frustrating state of …”

The constitution of political power S. 130-138

„… system whereby state power was exercised could already be discerned during the 1690s and the ? rst decade …” „… the problem – possibly even a state crisis.71 The powers of monarch and Commons must remain inviolate …” „… advent of this element the exercise of state power could proceed on a viable basis.4. The constitution of …”

The motion S. 34-37

„… large was out of all doubt, namely the right of the people to present to the monarch its concerns, its …” „… complaints and its opinions regarding conditions in the realm.1 Nor was this right of comment restricted to …” „… appointed to administer the affairs of the state2 – “the Persons he advices with or employs in the executive …”

A condition on Locke’s doctrine S. 64-72

„… essential aspect lies in the constitution of the exercise of state power as political use of power. To begin …” „… in a manner which Laslett takes to refer to the individual person, his rights and his liberties …” „… : “(i)n fact men were led to leave the state of nature and to set up a source of power ‘for the Regulating …”

The locus of constitution S. 119-124

„… THE CONSTITUTION OF THE EXERCISE OF STATE POWER AS POLITICAL 119One further point of note is this …” „… : when the use of state power is constituted as political use of power, this takes place in a manner and …” „… in a form which the state, as the environment of this constitutive process, makes possible and …”

Political power – what is it? S. 86-88

„… ”, that is, in the state of nature.134This state of affairs is, according to Locke, nonetheless right and …” „… the society of which he is a part – not, as in state of nature, the aspirations only which are based …” „… natural powers in a way which furthers the success of their society. Right and just are equally other than …”

What is involved? S. 116-119

„… 116 THE ORIGINS OF PARLIAMENTARISMV The Constitution of the Exercise of State Power as Political1 …” „… instrumental. It was sought thereby to de? ne the question in whose perspective the exercise of state power may …” „… among others – that Locke’s doctrine may ? nd its realisation in the form of a state; political power …”

Long-term structural change S. 57-63

„… the problematique of constitution – a return to the known right state, the mobile vulgus, unrest …” „… – it suf? ced to secure and preserve the acknowledged right state in permanence and continuity. This …” „… THE GLORIOUS REVOLUTION 574. Long-term structural change The fact that the Bill of Rights declares …”

The possibility of realisation of the doctrine S. 111-115

„… political power is not reducible to the power of the state; the doctrine envisages a multiplicity of forms …” „… in which political power may be realised, and of these, the state is but one. Political power may …” „… indeed also be constituted in the state; it cannot, however, be reduced to it. Political power may be …”

Walpole’s reply S. 41-44

„… , committing herself to support the kings of Sweden and Denmark and princes of several German states. Nor was …” „… country no such of? ce; as a minister he had “but one Voice”, and his in? uence in affairs of state was in …” „… this Debate”.65 Likewise the sovereign alone had the right to appoint ministers to of? ce; and only he …”

Bibliography S. 222-236

„… Power. War, Money and the English State, 1688–1783. London: Unwin Hyman.Brocker, Manfred (1992): Arbeit …” „… University Press.Clark, J. C. D. (1986 A): Revolution and Rebellion. State and Society in England in the …” „… Sovereignty; Mixed Monarchy and the Rights of Resistance in the Political Thought of the English Revolution …”

Titelei/Inhaltsverzeichnis S. 2-6

„… to the acknowledgedly right state of affairs 51 4. Long-term structural change 57IV Locke’s Doctrine …” „… . Printed in Germany. This work is subject to copyright. All rights are reserved, whether the whole or …” „… 64 1. A condition on Locke’s doctrine 64 2. The state of nature 72 2.1. The state of nature is …”

The government perspective S. 186-194

„… restoration of the state of affairs which they knew to be right. Nothing, so the opposition held, could be …” „… brought to an end.119 The disastrous consequences of recent developments had become manifest. The state …” „… set on the way whose content would be the reestablishment of the mode of life known to be right.121 By …”

The opposition programme S. 194-202

„… exercise of state power and the institutions of the economic and social order not only assumed an aspect …” „… dangerous to a Trading State, as a Foreign War.”162 Appleby (1976, 503) refers here to the demand for cheap …” „… the opposition this state of affairs was crucial; it meant, namely, a problematisation of their …”

Significance in period S. 101-107

„… book became from the 1760s onwards “an instrument of radical criticism of the establishment in state …” „… State of Nature? To which it may suf? ce as an answer at present; That since all Princes and Rulers of …” „… Independent Governments all through the World are in a State of Nature, ‘tis plain the world never was, nor …”

Necessity for a discriminative analysis S. 48-51

„… will entail presenting the Glorious Revolution twice over, as a return to the acknowledged right state …” „… spheres of life. 3. Return to the acknowledgedly right state of affairsIn an appraisal of the Glorious …” „… outbreak of revolution and shaped the state which emerged from it”. Tilly, for his part (1995, 5), seeks to …”

Conclusion S. 216-221

„… this is meant the constitution of the exercise of state power as political. For the purposes of the …” „… the constitution of the exercise of state power as political use of power took place is here outlined …” „… constituted in the most diverse relationships among men. Of these the state is but one. When the exercise of …”

The formation of political power S. 88-93

„… state of nature possesses is the power to execute the law of nature;144 and this, Locke holds, is reason …” „… .145 In the state of nature the implementation of that law – of reason – has been entrusted to every …” „… , and as such its establishment is bound up in the process whereby a man moves from the state of nature …”

The legitimacy of the exercise of political power S. 160-164

„… in the state of nature.Any change in the direction of the exercise of power would thus appear to …” „… their original state. What actually happens, however, is worse than this. True, they would be returned …” „… to the state in which they were without the mutual bond which made of them one in their membership in …”

Time-point, era and the longue durée; parliamentarism S. 9-14

„… undertaking is set out and justi? ed, the point of departure is taken in the history of the Swedish state …” „… establish themselves as part of state practice; the transfer of power in 1765 brought a return to the …” „… established as the prevailing system of state government – at the earliest, that is, in 1917.4 Parliamentary …”

“A kind of parliamentarism” S. 14-21

„… the one hand it was a question of the monarch’s right of appointment; on the other (Roberts 1986, 180 …” „… ) there were “even more fundamental” questions of constitutional principle – had the ruler the right “to …” „… development of Sweden’s parliamentarism against the state reached in Hanoverian England. In this context he …”

Patterns of power S. 175-177

„… POLITICAL RESPONSIBILITY 1752. The exercise of state power2.1. Patterns of powerThe re-de? nition …” „… that apart from the preserving of property the state should promote its incrementation – this too …” „… should constitute an objective in the exercise of power, since it also enhances the power of the state …”

The exercise of political power S. 93-96

„… , the majority in a society have the right “to act and conclude the rest”.184 The majority are entitled …” „… that society would be possessed of the same freedom as he enjoyed in the state of nature.179 “(...) and …” „… state of nature and society would be one and the same thing – each would continue in society to act upon …”

Government supporters and the motion to remove Walpole from office S. 206-210

„… of power waived his right to determine his own undertakings. In matters of rule Walpole’s will had …” „… entire public career had aspired to: unquestioned supremacy in the disposal of state power.222The good …” „… other states. From their point of view the prime concern was that the opposition sought a change of …”

Implementation of the opposition programme and the motion to remove Walpole from office S. 202-206

„… corruptive exercise of power, the growing debts of the state, the level and the forms of taxation and the …” „… states. In the public image France and Spain were Britain’s traditional enemies and ought to be treated …” „… except that in this case the monarch exercised his right of veto to prevent its implementation (ibid …”

Study material and procedure S. 27-33

„… parliamentary system of exercising state power, this exercise must ? rst be constituted as expressly political …” „… thereafter can there obtain the kind of exercise of state power in which the instance so constituted can be …” „… held politically responsible. By the same token it is only then that one may ask whether state power …”

doi.org/10.5771/9783845201818

Christopher P. Banks, John C. Blakeman - The U.S. Supreme Court and New Federalism

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Christopher P. Banks, John C. Blakeman

The U.S. Supreme Court and New Federalism

2012

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Chapter 03. The Rehnquist Court, New Federalism, and States’ Rights S. 67-132

„… 673The Rehnquist Court, New Federalism, and States’ RightsAt the time he was appointed sixteenth …” „… DirectionUnited States v. Mauzrie (1975)Civil Rights/Constitution (Interstate Commerce)Liberal (5–4)Fitzpatrick v …” „… aggressively pursu-ing a states’ rights agenda or merely “opened the door for a later Court” to implement the …”

Chapter 02. Federalism Politics and Policies: Old, New, and Progressive Trends S. 15-66

„… , or state’s rights advocates. In light of Obama’s 2008 election as a “man of the Left”7 favoring …” „… proactive federal solutions, political opposition from the Right supporting states’ interests remains …” „… achieve government deregulation and to respect state or indi-vidual rights.9These partisanship divisions …”

Index S. 329-348

„… . New Jersey, 80t, 82, 102City of Rome v. United States, 80t, 81–82, 86–87civil rights: and Fourteenth …” „… Revision, 22Council of State Governments, 208counsel, right to, 1, 50, 54, 71Court of Appeals, U.S., 72, 73 …” „… commercial rights, 38–39, 41; of states and federal treaty obligations, 189–90political process effect on …”

Chapter 04. Federalism, Justice Clarence Thomas, and Religious Freedom in the States S. 133-188

„… against the states. In fact, since it is not construed to be a rights-granting clause, its incorporation …” „… that the “most natural constituency for states’-rights positions” consists of state and local …” „… ratification of the Fourteenth Amendment and the incorporation of the Bill of Rights against the states, “the …”

Chapter 06. The Roberts Court and New Federalism S. 255-312

„… contributions to advancing states’ rights and sovereignty remains highly ambiguous yet potentially quite …” „… on the verge of shifting federal-ism either to the right, toward a more protectionist view of state …” „… retain the same level of support for current federalism doc-trine and states’ rights. But when senators …”

Chapter 01. “A Notably Conservative Court?” S. 1-14

„… . Wyeth answered that her right to sue in state courts was lost because of federal preemption: FDA’s …” „… federal regulations eliminated Levine’s right to use state tort law because federal rules conflicted with …” „… foreclose parents from claiming a right to compensation in state law shuts the courthouse door on scores of …”

Chapter 05. Federalism and Globalization S. 189-254

„… democratization and human rights in Burma, the state law remained “at odds with the President’s intended authority …” „… United States toward ratifying key human rights instruments and protocols, including the Convention to …” „… democratize and protect human rights. The primary lobbying efforts were led by state-based NGOs that worked …”

Postscript S. 313-322

„… ruling, which Arizona Governor Jan Brewer hailed as a victory for states’ rights, will give other state …” „… standards), and not ideological conceptions of states’ rights per se, may be a better predictor of judicial …” „… will also be affected by political blocs within states, such as the right-wing Tea Party movement, that …”

Preface

„… Progressive Trends 153 The Rehnquist Court, New Federalism, and States’ Rights 674 Federalism, Justice …” „… KingdomCopyright © 2012 by Rowman & Littlefield Publishers, Inc.All rights reserved. No part of this book may be …” „… (cloth : alk. paper) — ISBN 978-1-4422-1858-1 (electronic) 1. Federal government—United States. 2 …”

doi.org/10.5771/9781442218581

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