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Basic Rights (basic + right)

Distribution by Scientific Domains

Law and Criminology	33%
Humanities and Social Sciences	33%

Selected Abstracts

Family Reunification Rights of (Migrant) Union Citizens: Towards a More Liberal Approach

EUROPEAN LAW JOURNAL, Issue 5 2009
Alina Tryfonidou
Over the years, in the case-law of the European Court of Justice (ECJ) determining the availability of family reunification rights for migrant Member State nationals, the pendulum has swung back and forth, from a ,moderate approach' in cases such as Morson and Jhanjan (1982) and Akrich (2003), towards a more ,liberal approach' in cases such as Carpenter (2002) and Jia (2007). Under the Court's ,moderate approach', family reunification rights in the context of the Community's internal market policy are only granted in situations where this is necessary for enabling a Member State national to move between Member States in the process of exercising one of the economic fundamental freedoms; in other words, where there is a sufficient link between the exercise of one of those freedoms and the need to grant family reunification rights under EC law. Conversely, under the Court's ,liberal approach', in order for family reunification rights to be bestowed by EC law, it suffices that the situation involves the exercise of one of the market freedoms and that the claimants have a familial link which is covered by Community law; in other words, there is no need to illustrate that there is a link between the grant of such rights and the furtherance of the Community's aim of establishing an internal market. The recent judgments of the ECJ in Eind and Metock (and its order in Sahin) appear to have decidedly moved the pendulum towards the ,liberal approach' side. In this article, it will be explained that the fact that the EU is aspiring to be not only a supranational organisation with a successful and smoothly functioning market but also a polity, the citizens of which enjoy a number of basic rights which form the core of a meaningful status of Union citizenship, is the major driving force behind this move. In particular, the move towards a wholehearted adoption of the ,liberal approach' seems to have been fuelled by a desire, on the part of the Court, to respond to a number of problems arising from its ,moderate approach' and which appear to be an anomaly in a citizens' Europe. These are: a) the incongruity caused between the (new) aim of the Community of creating a meaningful status of Union citizenship and the treatment of Union citizens (under the Court's ,moderate approach') as mere factors of production; and b) the emergence of reverse discrimination. The article will conclude with an explanation of why the adoption of the Court's liberal approach does not appear to be a proper solution to these problems. [source]

The Rule of Law in the Realm and the Province of New York: Prelude to the American Revolution

HISTORY, Issue 301 2006
HERBERT A. JOHNSON
British and American views of public law have diverged greatly over the past two hundred years. This article examines the evolution of New York's adherence to the rule of fundamental law and the use of colonial common law courts to protect the rights of New York subjects against the prerogative power of the crown. As a conquered province from 1664 to 1683, New York was denied a legislature. Thereafter the colonial legislative bodies were active in making unsuccessful attempts to claim their birthright as Englishmen. In England the Glorious Revolution represented a major step in the development of parliamentary supremacy. In New York, however, it facilitated an ethnic insurrection followed by the realization that English governmental policy mandated the denial of basic rights of Englishmen to colonial residents. The Glorious Revolution simply made it possible for parliament, as well as the crown, to regulate colonial affairs without any constitutional restrictions prior to 1774. In terms of constitutional dynamics in eighteenth-century England, continued imperial rule through an untrammelled royal prerogative substantially increased the political power and revenues of the crown. Failing to consider the impact of monarchial power in a growing empire, the 1688,9 Convention Parliament laid the foundation for an unbalanced British government in the middle of the eighteenth century. Deprived of patronage and extraordinary revenues at home, the monarchs turned to regulation of their empire and to reaping increased financial benefit. Both of these unintended consequences of the Glorious Revolution threatened parliamentary supremacy, even as parliament's new-found power began to undermine the rule of law in the empire. [source]

Stereotypes and Moral Oversight in Conflict Resolution: What Are We Teaching?

JOURNAL OF PHILOSOPHY OF EDUCATION, Issue 4 2002
J. Harvey
I examine some common trends in ,conflict management skills', particularly those focused on practical results, and argue that they involve some moral problems, like the reliance on offensive stereotypes, the censorship of moral language, the promotion of distorted relationships, and sometimes the suppression of basic rights and obligations that constitute non,consequentialist moral constraints on human interactions (including dispute resolution). Since these approaches now appear in educational institutions, they are sending dangerous messages to those least able to critically assess them, messages that denigrate the language, reflection, and interactions on which the moral life depends, thus undermining the possibility of moral education in the most fundamental sense of the phrase. [source]

On Compromise and Coercion,

RATIO JURIS, Issue 4 2006
RAPHAEL COHEN-ALMAGOR
When compromise takes place between two or more parties, reciprocity must be present; that is, the concessions are mutual. A relevant distinction is between principled and tactical compromise. A principled compromise refers to a mutual recognition by each side of the other's rights, which leads them to make concessions to enable them to meet on a middle ground. It is genuinely made in good faith and both sides reconcile themselves to the results. On the other hand, the notion of tactical compromise reflects a temporary arrangement reached as a result of constraints related to time. Here, in fact, agents do not give up any of their aims. They do not act in good faith and do not intend to meet their counterpart on a middle ground. Instead, they simply realize that the end could not be achieved at a given point of time, and they aim to reach it stage by stage. The essential component of compromise, namely, mutuality, is lacking. Next, the paper draws a further distinction between internalized coercion and designated coercion. Internalized coercion relates to the system of manipulation to which members of a certain sub-culture are subjected, which prevents them from realizing that they are being coerced to follow a certain conception that denies them basic rights. Designated coercion is individualistic in nature, aimed at a certain individual who rebels against the discriminatory norm. Unlike the internalized coercion it is not concerned with machinery aiming to convince the entire cultural group of an irrefutable truth; instead it is designed to exert pressure on uncertain, "confused" individuals so as to bring them back to their community. Ever since I assumed my present office my main purpose has been to work for the pacification of Europe, for the removal of those suspicions and those animosities which have so long poisoned the air. The path which leads to appeasement is long and bristles with obstacles. The question of Czechoslovakia is the latest and perhaps the most dangerous. Now that we have got past it, I feel that it may be possible to make further progress along the road to sanity. (Neville Chamberlain, "Peace in Our Time", October 3, 1938)** [source]

Constitutionalism and credibility in reforming economies1

THE ECONOMICS OF TRANSITION, Issue 3 2006
Raj M. Desai
D72; D73; P20; P26 Abstract There has been relatively little investigation of the effect of constitutional transformations on the economic transition in post-communist countries. We develop a simple signalling model in which constitutionalism , a commitment to limit political power and provide judicial defence of basic rights , reinforces the credibility of pro-market candidates' electoral promises and boosts public support for economic reforms. These findings are tested using opinion poll data on public support for reform in Central and Eastern Europe, and in the former Soviet Union, in the 1990s. In a two-stage procedure we show that public support for market reforms is higher in countries where incumbents have taken deliberate steps to increase political accountability and judicial independence. Public support also spurs actual economic reform. [source]

Asylum, children's rights and social work

CHILD & FAMILY SOCIAL WORK, Issue 3 2003
Sarah Cemlyn
ABSTRACT Although it is only a minority of displaced and persecuted people globally who seek refuge in ,Western' countries, they meet an increasingly hostile reception. This paper focuses on the situation facing children seeking asylum with or without their families in Britain and Australia, and the implications for children's rights and for social work. The policy background and its racist foundations in both countries are outlined. Despite geopolitical differences, there are unnerving parallels. Legislative changes and policy complexity signal increasingly punitive attitudes towards asylum seekers. The situation of children and families in the community is discussed in terms of the exclusion of asylum seekers from basic rights, and specific issues for separated children. Even more damaging is the incarceration of children and families in detention centres, and the emerging research is explored. In both countries there is widespread flouting of children's rights, and children also feature as pawns in ideological contests. However, they also act autonomously and illustrate an inclusive model of citizenship. The role of social workers in the statutory and voluntary sectors is considered, and the paper concludes with a discussion of the challenges for social work of avoiding collusion with repressive policies and actively promoting human rights. [source]