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Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives (Book chapter)

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Book Series: The World of Small States ISBN: 9783319785400 9783319785417 Year: Pages: 39 DOI: https://doi.org/10.1007/978-3-319-78541-7_8 Language: English
Publisher: Springer Nature Grant: European Research Council
Subject: History --- Migration
Added to DOAB on : 2018-06-01 17:23:32
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In the colonial era, it was commonplace for treaties binding on the metropolitan state to be applicable in that state’s colonies if the state made a declaration to this effect, via the operation of a ‘colonial clause’ in the treaty. This reflects concepts of trusteeship-over-people and civilizational difference which legitimized colonial rule in general and the role of the colonial authority in determining what standards were appropriate in colonial territories in particular. The colonial-clause model for applicability was adopted in the European Convention on Human Rights of 1950 and certain of its Protocols, but not other subsequent human rights treaties. The standard jurisprudential view is that in the absence of a colonial clause declaration, the Convention cannot be applicable on the alternative basis on which it operates in a state’s territory and to its extraterritorial activities. Such a declaration of applicability was not made in relation to the Chagos Islands, a UK colony, where human rights questions have been raised by the forced displacement by the UK of the indigenous population between 1968 and 1973, the continued denial of this people of their right to return, and more recent allegations concerning the US military base on one of the islands, Diego Garcia. However, in a 2012 decision, the European Court of Human Rights suggested that the standard position on the exclusive determinacy of declarations under the colonial clause may no longer be sustainable. The present piece takes this suggestion and explores its potential, taking into account the significance of the self-determination entitlement in having delegitimized the underlying concepts of trusteeship and civilizational difference on which the standard position is based.

Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence

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Book Series: Studies in the History of Law and Justice ISSN: 2198-9842 ISBN: 9783319730363 9783319730370 Year: Volume: 12 Pages: 419 DOI: https://doi.org/10.1007/978-3-319-73037-0 Language: English
Publisher: Springer Nature Grant: European Commission; European Research Council (ERC); University of Passau
Subject: Law
Added to DOAB on : 2018-06-29 15:51:53
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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

Die Wiener Stadtbücher 1395-1430, Teil 5: 1418-1421

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ISBN: 9783205204435 Year: Pages: 466 Seiten Language: Latin
Publisher: Böhlau Grant: Austrian Science Fund - PUB 443
Added to DOAB on : 2018-04-21 11:01:55
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The Archive of the City of Vienna keeps three folio-volumes of a manuscript in conservation of her archive, which in common was marked as “Wiener Testamentsbücher” (Viennese Last Wills-Register). The source, comprising the period of 1395 to 1430, at this time was named “Stadtbuch”, and this appoints the character of such registers, which served for registration of legal transactions in urban space. In total the “Stadtbuch” embodies more than 4.500 registrations, in most cases last wills (“Geschäfte”), but also a lot of registrations about transactions concerning private law as well as matters of pubic law.

Philosophie der Republik

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ISBN: 9783161543739 9783161543739 9783161554070 Year: DOI: 10.1628/978-3-16-155407-0 Language: German
Publisher: Mohr Siebeck Grant: Knowledge Unlatched - 103520
Subject: Philosophy
Added to DOAB on : 2019-01-15 13:34:03
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The freedom potential of modern societies, above all the justification of political authority, is today linked to a democratically constituted order. What is meant by the idea of being democratic seems, however, to be anything but clear. Is it only a question of representing the people through elections, ballots, and political parties, or does it include institutional culture, the division of powers, and the legal regime within a community? A "philosophy of the republic", as developed in this volume's contributions, shows that the current "dominance of the democratic" falls short of accounting for the independent significance to the republican self-organisation of state and society.

Safe Spaces, Brave Spaces

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ISBN: 9780262037143 9780262535960 Year: Pages: 192 Language: English
Publisher: The MIT Press
Subject: Political Science --- Education --- Philosophy
Added to DOAB on : 2019-01-17 11:41:31
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How the essential democratic values of diversity and free expression can coexist on campus.Safe spaces, trigger warnings, microaggressions, the disinvitation of speakers, demands to rename campus landmarks—debate over these issues began in lecture halls and on college quads but ended up on op-ed pages in the New York Times and the Wall Street Journal, on cable news, and on social media. Some of these critiques had merit, but others took a series of cheap shots at “crybullies” who needed to be coddled and protected from the real world. Few questioned the assumption that colleges must choose between free expression and diversity. In Safe Spaces, Brave Spaces, John Palfrey argues that the essential democratic values of diversity and free expression can, and should, coexist on campus. Palfrey, currently Head of School at Phillips Academy, Andover, and formerly Professor and Vice Dean at Harvard Law School, writes that free expression and diversity are more compatible than opposed. Free expression can serve everyone—even if it has at times been dominated by white, male, Christian, heterosexual, able-bodied citizens. Diversity is about self-expression, learning from one another, and working together across differences; it can encompass academic freedom without condoning hate speech.Palfrey proposes an innovative way to support both diversity and free expression on campus: creating safe spaces and brave spaces. In safe spaces, students can explore ideas and express themselves with without feeling marginalized. In brave spaces—classrooms, lecture halls, public forums—the search for knowledge is paramount, even if some discussions may make certain students uncomfortable. The strength of our democracy, says Palfrey, depends on a commitment to upholding both diversity and free expression, especially when it is hardest to do so.

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