Individual Liberty (individual + liberty)

Distribution by Scientific Domains


Selected Abstracts


The Public Response to Controversial Supreme Court Decisions: The Insular Cases

JOURNAL OF SUPREME COURT HISTORY, Issue 3 2005
BARTHOLOMEW H. SPARROW
In the Insular Cases, the Supreme Court established a new category of areas and persons coming under the sovereignty of the United States. Added to (1) the member states of the Union and (2) the existing territories (and states to be), was (3) territory "belonging to" the United States, but not a part of it. Justice Edward White proposed this doctrine,that territories were of two types, "incorporated" territories, those fit to be states, and non-incorporated territories, to be the property of the United States,in his concurring opinion in Downes v. Bidwell.1 Congress could govern these latter territories as it wished, subject to "fundamental" protections under the Constitution, those protecting individual liberties rather than those granting political participation. [source]


Victoria's Unique Approach to Road Safety: A History of Government Regulation,

AUSTRALIAN JOURNAL OF POLITICS AND HISTORY, Issue 2 2009
Glenn Jessop
The Australian state of Victoria has a record of proactive and determined legislative action addressing road safety. Its processes and deliberations concerning the introduction of road safety laws serve as a noteworthy case study of political rationality and public policy development. Victoria has taken a unique and pioneering approach to traffic regulation. Using the seatbelt and handheld phone laws as examples, this article examines the political dynamics involved in, and the forms of political reasoning underpinning, the road safety policy decisions taken by Victorian governments. I argue that the different approaches taken by governments are partly due to the interaction of the political imperatives of state institutions imposing regulations for the public good and the protection of individual liberties. [source]


Mill, Liberty and the Facts of Life

POLITICAL STUDIES, Issue 2 2001
Shannon C. Stimson
This paper examines John Stuart Mill's discussion of economic liberty and individual liberty, and his view of the relationship between the two. It explores how, and how effectively, Mill developed his arguments about the two liberties; reveals the lineages of thought from which they derived; and considers how his arguments were altered by political economists not long after his death. It is argued that the distinction Mill drew between the two liberties provided him with a framework of concepts which legitimized significant government intervention in economic matters without restricting individual liberty. [source]


The Politics of Court Budgeting in the States: Is Judicial Independence Threatened by the Budgetary Process?

PUBLIC ADMINISTRATION REVIEW, Issue 4 2003
James W. Douglas
Judicial independence in American politics has been hailed as a means of preserving individual liberty and minority rights against the actions of the majoritarian branches of government. Recently, however, legal professionals and scholars of the courts have begun to question the magnitude of judicial independence, suggesting that budgeting and finance issues pose a threat to judicial independence. This article explores whether state judiciaries are being threatened on this front by soliciting the perceptions of key state officials. Using surveys of court administrators, executive budget officers, and legislative budget officers in the states, we examine three aspects of the politics of judicial budgeting: competing for scarce resources, interbranch competition, and pressure to raise revenues. The survey responses suggest that, in a substantial number of states, judicial independence has, at times, been threatened by interbranch competition and pressures to raise revenues. [source]