Positive and Negative Constitutional Rights
نویسندگان
چکیده
منابع مشابه
Positive rights, negative rights and health care.
In the current debate about healthcare reform in the USA, advocates for government-ensured universal coverage assume that health care is a right. Although this position is politically popular, it is sometimes challenged by a restricted view of rights popular with libertarians and individualists. The restricted view of rights only accepts 'negative' rights as legitimate rights. Negative rights, ...
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The critique of constitutions as mere parchment barriers is as old as the practice of writing them down. Yet states put a good deal of energy into drafting constitutions and some, inevitably, do so with the intention of abiding by their provisions. The purpose of the following article is to explore this possibility. I develop a theory of constitutional enforcement and test it using data spannin...
متن کاملConstitutional rights and hypnotically elicited testimony.
Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized...
متن کاملHealth care for Micronesians and constitutional rights.
Under the Compacts of Free Association (COFA), people from the Freely Associated States--the Republic of Palau (ROP), the Republic of the Marshall Islands (RMI), and the Federated States of Micronesia (FSM)--have been migrating to the United States in increasing numbers. In 1996, Congress passed broad welfare reform (Personal Responsibility and Work Opportunity Reconciliation Act) which limited...
متن کاملOnline Appendix Do Constitutional Rights Matter?
The following document contains supplementary information for the article “Do Constitutional Rights Matter? The Relationship between De Jure and De Facto Human Rights Protection.” This information is organized into three sections. The first provides a description of the covariates included in the analysis and summary statistics for the data used in the article. The second section provides a ful...
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ژورنال
عنوان ژورنال: The University of Chicago Law Review
سال: 1986
ISSN: 0041-9494
DOI: 10.2307/1599586