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Rights Legislation (right + legislation)

Distribution by Scientific Domains
Humanities and Social Sciences60%
Law and Criminology40%

Selected Abstracts

PROPERTY RIGHTS LEGISLATION AND THE POLICE POWER

AMERICAN BUSINESS LAW JOURNAL, Issue 3 2000
LYNDA J. OSWALD
First page of article [source]

Congress, Kissinger, and the Origins of Human Rights Diplomacy

DIPLOMATIC HISTORY, Issue 5 2010
Barbara Keys
The Congressional "human rights insurgency" of 1973,1977 centered on the holding of public hearings to shame countries engaging in human rights abuses and on legislation cutting off aid and trade to violators. Drawing on recently declassified documents, this article shows that the State Department's thoroughly intransigent response to Congressional human rights legislation, particularly Section 502B, was driven by Kissinger alone, against the advice of his closest advisers. Many State Department officials, usually from a mixture of pragmatism and conviction, argued for cooperation with Congress or for taking the initiative on human rights issues. Kissinger's adamant refusal to cooperate left Congress to implement a reactive, punitive, and unilateral approach that would set the human rights agenda long after the Ford administration left office. [source]

The Equality Deficit: Protection against Discrimination on the Grounds of Sexual Orientation in Employment

GENDER, WORK & ORGANISATION, Issue 4 2001
Nicole Busby
The provisions of UK law offer no specific protection to gay men and lesbians suffering discrimination in the workplace on the grounds of sexual orientation. Such discrimination may take many forms and can result in ,fair' dismissal in certain circumstances. This article considers the degree of legal protection available under current provisions and investigates possible sources for the development of specific anti-discrimination legislation. It is concluded that, despite the application of certain aspects of employment law, the level of protection afforded to this group of workers amounts to an equality deficit in comparison to the legal redress available to those discriminated against on other grounds. Although the development of human rights legislation may have some application in this context, the combination of institutionalized discrimination and wider public policy concerns suggest that the introduction of specific legislation aimed at eliminating such discrimination in the United Kingdom is still some way off. [source]

Scotland and parliamentary sovereignty

LEGAL STUDIES, Issue 4 2004
Gavin Little
The authority of the classic Diceyan approach to parliamentary sovereignty has, as is well known, been called into question as a result of the UK's membership of the EU and human rights legislation. However, this paper focuses on the implications of Scottish devolution for the orthodox doctrine of parliamentary sovereignty. The constitution, and the legislative supremacy of Westminster within it, remains a controversial political issue in Scotland. Accordingly, rather than hypothesising inductively from constitutional doctrine, consideration is given to the nature of the interaction between the socio-political forces which underlie Scottish devolution and the concept of parliamentary sovereignty. It is contended that the foundations of the Scottish political order have shifted in a way which is already presenting significant challenges. Moreover, looking to the future, the pressure on the orthodox Diceyan approach is likely to intensify over time. In this context, it is questionable whether constitutional conventions of the sort which are already evolving or the possible development by the courts of more formal constitutional norms will, in the long term, be able to reconcile parliamentary sovereignty with Scottish political reality. Indeed, it is argued that , from a Scottish perspective at least , the viability of classic, Diceyan parliamentary sovereignty as a meaningful constitutional doctrine will be called into question in the years to come. [source]

Negotiating alliances: Muslims, gay rights and the Christian right in a Polish-American city (Respond to this article at http://www.therai.org.uk/at/debate)

ANTHROPOLOGY TODAY, Issue 2 2010
Alisa Perkins
Muslim involvement in debates over municipal gay rights legislation became a hotly contested issue in Hamtramck, Michigan, during the summer of 2008. The article analyzes how faith-based and other kinds of alliance building that took place in the context of these debates impacted processes of boundary formation among Muslim, Christian and secular-humanist groups. In Hamtramck, debate over the Human Rights Ordinance served as a rich and generative nexus point for the proliferation and exchange of ideas about the incorporation of Muslim values and sentiments in the public sphere. A study of these debates offers us a window into understanding the politicization of Islam as a minority religion, the symbolic space it occupies, and its engagement with the institutionalization of secularism in the US at the current time. [source]