Menneskerettigheder og borgerrettigheder

This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the 'administrative state.'This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states' responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.

This book explores controversies surrounding free speech and open inquiry (FSOI) in various regions of the Anglophone world. The authors argue that the past decade has seen a noticeable erosion of FSOI across the globe, aided and abetted by university clerisies and state apparatuses. These groups' policing of language and pandering to cancel culture, the authors argue, have narrowed the Overton window to the point of reinvigorating the push for blasphemy law within liberal democracies themselves and impeding certain avenues scientific research. While most books on the subject discuss the American constitutional context of the First Amendment, this book considers free speech in the wider context of other Anglo countries. It also includes scholars from a variety of disciplines whose approaches will not only be ideologically distinct, but demonstrate a diversity of disciplinary approaches and concerns.

"Unveiling the USA Patriot Act" provides an exhaustive exploration into one of the most controversial legislative acts in recent U.S. history. Enacted in the wake of the September 11 attacks, the USA Patriot Act was heralded by some as a necessary tool for preventing further terrorist activities, while others criticized it as an overreach that threatened foundational American civil liberties. This book meticulously dissects the Act, examining its provisions, implementation, and its broader implications for individual rights.Key elements of the book include:Historical Context: A primer on the socio-political climate post-9/11, setting the stage for the rapid enactment of the USA Patriot Act.Legislative Breakdown: An in-depth analysis of the key provisions of the Act, demystifying its legal jargon and detailing its various sections.Security vs. Liberty: An exploration of the core debate surrounding the Act, weighing the need for heightened security measures against potential infringements on civil liberties.Real-world Ramifications: Case studies and real-life accounts of how the Act has been employed, spotlighting instances of both successful security operations and alleged overreaches.Judicial Responses: Insights into how the judiciary, particularly the Supreme Court, has responded to challenges against the Act, shaping its interpretation and application.Comparative Analysis: A look at how the USA Patriot Act stands in relation to similar legislation in other countries, offering a global perspective on the balance between national security and civil liberties.The Future of the Act: Speculations and informed predictions on the potential evolution, amendments, or repeal of the Act, in light of shifting political and social landscapes."Unveiling the USA Patriot Act" is a meticulously researched work, balancing objective analysis with personal narratives, legal debates with societal implications. It serves as an invaluable resource for legal scholars, historians, policymakers, and anyone seeking a deeper understanding of the complex interplay between national security and individual freedom in the post-9/11 era.

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis à vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy.The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

Eddie S. Glaude Jr. weaves personal anecdotes and meditations to offer a positive vision for Black politics: the importance of ordinary people assuming the mantle of leaders and heroes our democracy desperately needs. To build a better world, we must cultivate our best selves, not rely on the professional politicians who purportedly represent us.

A powerful and urgent explanation and vindication of our human rights and freedomsAfter the devastation of World War Two, the international community came together to enshrine fundamental rights to refuge, health, education and living standards, for privacy, fair trials and free speech, and outlawing torture, slavery and discrimination. Their goal was greater global justice, equality, and peace. That settlement is now in danger, attacked by opponents from across the political spectrum and populist and authoritarian movements worldwide. We are threatened by wars, inequality, new technologies and climate catastrophe, and we need our human rights now more than ever. In this powerful, accessible book, Shami Chakrabarti, lawyer, parliamentarian and leading British human rights defender, shows us why human rights are essential for our future. Outlining the historic national and international struggles for human rights, from the fall of Babylon, to the present day, Chakrabarti is an indispensable guide to the law and logic underpinning human dignity and universal freedoms. Her intervention will engage both sceptics and supporters, equipping believers in the battle of ideas and persuading doubters to think again. For human rights to survive, they must be far better understood by everyone.

"American Whitelash is indispensable. Really. It is." - Ibram X. Kendi, author of How to Be an AntiracistFrom a Pulitzer Prize-winning journalist, a shocking investigation into the cyclical pattern of violence that has marred racial progress in AmericaIn 2008, Barack Obama's historic victory was heralded as a turning point for the USA. And so it would be - just not in the way that most Americans hoped. The election of the nation's first Black president fanned long-burning embers of white supremacy, igniting a new and frightening phase in a continuous historical cycle of racial progress and white backlash.In American Whitelash, Pulitzer Prize-winning journalist and bestselling author Wesley Lowery charts the return of this blood-stained trend, showing how the forces of white power retaliated against Obama's victory - and both profited from, and helped to propel, the rise of Donald Trump. Drawing on gripping first-hand reporting, he investigates four incidents of white violence since 2008: the killing of an Ecuadorian immigrant in a working-class town in Long Island, a mass shooting at a Sikh temple in Wisconsin, an attack on a Jewish Community Center in Kansas City, and the murder of Oscar Grant, the first in an unrelenting series of police shootings that would lead to the largest sustained protest movement in the US since the Civil Rights era.Interweaving deep historical analysis with interviews with both victims and perpetrators of violence, Lowery uncovers how this vicious cycle is entering into ever more perilous territory, and how the country still might find a route of escape.

The story of the decades-long fight to bring justice to the victims of the 16th Street Baptist Church bombing, culminating in Sen. Doug Jones' prosecution of the last living bombers.On September 15, 1963, the 16th Street Baptist Church in Birmingham, Alabama was bombed. The blast killed four young girls and injured twenty-two others. The FBI suspected four particularly radical Ku Klux Klan members. Yet due to reluctant witnesses, a lack of physical evidence, and pervasive racial prejudice the case was closed without any indictments.But as Martin Luther King, Jr. famously expressed it, "the arc of the moral universe is long, but it bends toward justice." Years later, Alabama Attorney General William Baxley reopened the case, ultimately convicting one of the bombers in 1977. Another suspect passed away in 1994, and US Attorney Doug Jones tried and convicted the final two in 2001 and 2002, representing the correction of an outrageous miscarriage of justice nearly forty years in the making. Jones himself went on to win election as Alabama's first Democratic Senator since 1992 in a dramatic race against Republican challenger Roy Moore.Bending Toward Justice is a dramatic and compulsively readable account of a key moment in our long national struggle for equality, related by an author who played a major role in these events. A distinguished work of legal and personal history, the book is destined to take its place as a canonical civil rights history.

¿This book examines whether Australiäs constitution should be reformed so as to enable the country to fulfil its obligations under the United Nations Declaration on the Rights of Indigenous Peoples, which it ratified in 2009. The book surveys the history of the constitutional status of Australiäs Indigenous peoples from the time of colonisation through to the current debate on ¿Indigenous constitutional recognition¿. However, it argues that the term ¿Indigenous constitutional recognition', implying that mere acknowledgement of the existence of Indigenous peoples is sufficient to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable constitutional rights canthe power imbalance between Indigenous Australians and the rest of society be addressed. Taking a comparative approach and drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes the text of constitutional amendments designed to achieve the realisation of the rights of Australiäs Indigenous peoples. It ends with a call to improve the standard of civics education so as to overcome voter apprehension towards constitutional change.

NEW YORK TIMES BESTSELLER?American Whitelash is indispensable. Really. It is.? ? Ibram X. Kendi, author of How to Be an AntiracistPulitzer Prize?winning journalist Wesley Lowery confronts the sickness at the heart of American society: the cyclical pattern of violence that has marred every moment of racial progress in this country, and whose bloodshed began anew following Obama's 2008 election.In 2008, Barack Obama's historic victory was heralded as a turning point for the country. And so it would be?just not in the way that most Americans hoped. The election of the nation's first Black president fanned long-burning embers of white supremacy, igniting a new and frightening phase in a historical American cycle of racial progress and white backlash.In American Whitelash, Pulitzer Prize?winning journalist and best-selling author Wesley Lowery charts the return of this blood-stained trend, showing how the forces of white power retaliated against Obama's victory?and both profited from, and helped to propel, the rise of Donald Trump. Interweaving deep historical analysis with gripping firsthand reporting on both victims and perpetrators of violence, Lowery uncovers how this vicious cycle is carrying us into ever more perilous territory, how the federal government has failed to intervene, and how we still might find a route of escape.

This book discusses in an accessible way how emerging globalizing processes are setting the stage for new forms of social and political struggle in Latin America, with increased involvement of multilateral and foreign actors, and impacts of global political populism and populist social media. These are opening up new strategies and opportunities for activists, and offer new arenas of contestation for international organizations. The book analyzes the struggles of select marginalized groups, specifically the urban poor, indigenous groups, women's and LGBTQ groups, and the vulnerable middle classes. Each case is examined in the context of a distinct struggle for citizenship, identity, inclusion, and or the rule of law. The study offers a broad historical analysis of the region through the context of these struggles. It tackles some of the most pressing issues surrounding the current politics of Latin America, including identity politics, cultural appropriation, social mobilization and protest, neoliberal reform, reproductive rights and sexual autonomy, corruption, the influence of religion and patriarchy, crime and social justice, inequality and poverty, the informal economy, and urban exclusion. In doing so, it details not only how these are not new struggles, but also how they have evolved over time. In the contemporary period, the book explores how the actors as well as character of their struggle are changing through a globalized interchange of ideas and processes. The book covers a wide geographical area in Latin America, with a particular focus on countries with Spanish or Portuguese colonial backgrounds, and is for researchers, students and laypersons interested in new globalizing forces affecting Latin American society and polity.

Una habitación propia se estableció desde su publicación como uno de los libros fundamentales del feminismo. Basado en dos conferencias pronunciadas por Virginia Woolf en colleges para mujeres y ampliado luego por la autora, el texto es un testamento visionario, donde tópicos característicos del feminismo por casi un siglo (las conferencias fueron dadas en 1928 y el libro fue publicado un año después) son expuestos con claridad tal vez por primera vez.Alternando entre la ficción y una realidad que no quiso ser aceptada por cientos de años, Virginia Woolf imagina personajes, recorre la historia de la literatura hasta sus días, inquiere la economía y la sociología, y finalmente llega a conclusiones revolucionarias para su época que aún se encuentran en debate en nuestros días.Ya sea con fines históricos, o con la meta de actualizar los temas aquí tan claramente expuestos, el libro se convierte en una lectura esencial para toda persona interesada en el feminismo y en los debates por la identidad propios al siglo XXI.Escrito con maestría, inteligencia y coraje, esta nueva traducción facilita la comprensión y la difusión de una obra que no ha perdido su capacidad para provocar e inspirar.

Una habitación propia se estableció desde su publicación como uno de los libros fundamentales del feminismo. Basado en dos conferencias pronunciadas por Virginia Woolf en colleges para mujeres y ampliado luego por la autora, el texto es un testamento visionario, donde tópicos característicos del feminismo por casi un siglo (las conferencias fueron dadas en 1928 y el libro fue publicado un año después) son expuestos con claridad tal vez por primera vez.Alternando entre la ficción y una realidad que no quiso ser aceptada por cientos de años, Virginia Woolf imagina personajes, recorre la historia de la literatura hasta sus días, inquiere la economía y la sociología, y finalmente llega a conclusiones revolucionarias para su época que aún se encuentran en debate en nuestros días.Ya sea con fines históricos, o con la meta de actualizar los temas aquí tan claramente expuestos, el libro se convierte en una lectura esencial para toda persona interesada en el feminismo y en los debates por la identidad propios al siglo XXI.Escrito con maestría, inteligencia y coraje, esta nueva traducción facilita la comprensión y la difusión de una obra que no ha perdido su capacidad para provocar e inspirar.

Obwohl sieben der neun Menschenrechtsverträge auf Ebene der Vereinten Nationen die Möglichkeit eines Staatenbeschwerdeverfahrens eröffnen, kam dieser Verfahrensart über Jahrzehnte hinweg keinerlei praktische Bedeutung zu. Im Frühjahr 2018 erreichten den CERD-Ausschuss dann jedoch gleich drei verschiedene Staatenmitteilungen. Die erstmalige Aktivierung des Verfahrens fast 50 Jahre nach Inkrafttreten des Internationalen Übereinkommens zur Beseitigung jeder Form von Rassendiskriminierung (CERD) kann dabei als eine historische Entwicklung bezeichnet werden.Vor diesem Hintergrund bietet dieses Buch erstmals eine umfassende Auseinandersetzung mit dem Staatenbeschwerdeverfahren nach Art. 11-13 CERD und den sich daraus ergebenden völkerrechtlichen Fragen. Unter Auswertung der jüngsten Praxis des CERD-Ausschusses und der ad hoc Vergleichskommission wird die Funktionsweise des Verfahrens detailliert dargestellt, wobei immer wieder Parallelen zu den Mechanismen anderer Vertragsregime gezogen werden. Auf diese Weise soll die Arbeit auch zu dem Verständnis vergleichbarer Staatenbeschwerdeverfahren anderer Menschenrechtsverträge beitragen und zugleich die Bedeutung des Phänomens zwischenstaatlicher Streitbeilegung in Menschenrechtsfragen stärker in den Vordergrund rücken.

Formal categorization of people presents significant challenges. When politics and law become ethnicized, the pivotal question arises: who is who? This problem surfaced in Moravia after the 1905 Settlement. Other countries faced similar dilemmas decades later, during affirmative action implementation. Contemporary Moravians, like Americans or Brazilians later on, possibly grappled with a clash between traditional individual rights and modern collective rights. The critical inquiry: how far can we limit individual rights for collective rights (nation, race, minority)? Moravia, in the early 20th century, served as the first experimental laboratory.

This book focuses on the discourse of de-globalisation in Malaysia by looking at the implications of this process politically, economically, socially, and environmentally. The rise of right-wing political parties and a decline in global economic interdependence have rapidly fuelled the de-globalisation process by creating conflicts and uncertainties in many parts of the world. The battle against the Covid-19 pandemic has spurred a great challenge among the global community, thus becoming a catalyst in the de-globalising process worldwide. While there have been contested opinions on whether we are now in the temporary phase of de-globalisation, what is clear is that the pandemic adds momentum to the trend. Now that the world has entered the post-Covid-19 phase, is the discourse of de-globalisation still relevant? Since the emergence of this pandemic, Malaysia has been facing not only a change of government but also a rapid decline in its economy, a rise in unemployment and living costs, with the human rights situation deteriorating as the State of Emergency was imposed. All of these add up to a shift toward de-globalisation. Chapters in this book, therefore, engage with this issue from different perspectives, such as conventional warfare, bio-constitutional implications to the right to health, labour, migrants and refugees, digital education, indigenous people and so forth.

British democracy has been through an extended nervous breakdown in recent years and has yet to emerge the other side, though it is to be hoped that a General Election due in 2024 might prove to be the trigger for a gradual process of recovery. As if all that weren't bad enough, Boris Johnson's opportunist seizure of power - his outrageous Trump-like attempt to prorogue Parliament, his 2019 election victory on a fraudulent manifesto, and the predictable denouement of his downfall in disgrace - was followed by the brief nightmare of Liz Truss and Kwasi Kwarteng, and now Rishi Sunak... a level-headed man in a hopelessly weak position, attempting forlornly to defy political gravity. Our purpose>How should an incoming government address this quagmire? Our purpose here is to explore this one particular aspect of the constitutional rehabilitation which is now both sorely needed and increasingly viable. With a change of government looking ever more likely, attention is turning to political renewal.>One lesson Liberal Democrats learned from the ill-fated Coalition with the Conservatives was the danger of pursuing change via a 'business as usual' modus operandi. Allowing the Tories to operate as if running a single-party government made it much more difficult to impact upon outcomes Put simply, in a proudly proclaimed 'parliamentary democracy' the executive is accountable to the legislature, and not the other way round. Lord Hailsham, in his 1976 lecture, warned of the perils of 'elective dictatorship' but things have only got worse since then. We then consider how governments abuse power: the racket of 'government by diktat' which would have made even Henry VIII blush; the Royal Prerogative - ancient powers which invite Prime Ministerial megalomania; the tattered remains of the Ministerial Code; ideological witch-hunts against top civil servants not deemed to be 'fellow-travellers'; the 112-year wait for a democratic second chamber; and our descent to the point where politics is on sale to the highest bidder, whomever they may be. We hope there may be interest across parties and beyond. The enthusiasm with which the present Lord Hailsham has encouraged us to add his father's Elective Dictatorship lecture as an appendix to this book may be indicative. NIck and Paul

It is to everyone's benefit for us to have a world of peace and for that reason we must individually seek to identify and confront whatever threatens the prospects of our continuous existence in peace, irrespective of how far it might be from us at the time. The rights enshrined in treaties as individual human rights in various covenants of the United Nations such as the International Covenant on Civil and Political Rights, ICCPR, (1966) and International Covenant on Economic, Social and Cultural Rights, ICESCR, (1966) are meant to protect and secure people within the territories and governments of the States parties that rectified those covenants with the United Nations. Most people today might have forgotten that just about 400 years ago, the European nations fought a thirty years' religious war (1618 - 1648) that ended with the treaty of Westphalia. Consequently, what is now manifesting as acts of gross human rights violations, and crimes against humanity perpetrated by States that are democratic governments as well as States that are operating religious nationalism, with a menace to the peace and security of the international committee, is watched with passive interest by those who are yet to be affected. Whether it is the United States leading NATO to invade and destroy Libya and render its citizens victims of gross human rights violations, or Russia invading Ukraine in a war of intentional act of aggression and human rights violations, or the Taliban in Afghanistan stripping off the women and girls of Afghanistan of their human rights, the threat to the International Community should be a matter of concern for all. The United Nations Security Council and General Assembly, have a responsibility to devise a means of attending to these threats under the provisions of its Charter.

The expression "e;transitional justice"e; emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges.The book provides extensive material illustrating a wide variety of transitional justice situations.  "e;This book summarizes the subjects of transitional justice and Vergangenheitsbewaltigung systematically and clearly"e; (Joachim Gauck, German Federal President, 2012-2017).

The British peoples’ dramatic struggle for the right to vote

Resisting Indonesia's Culture of Impunity examines the role of Indonesia's first truth and reconciliation commission-the Aceh Truth and Reconciliation Commission, or KKR Aceh.

Bobby Kennedy wasn¿t the most visible figure in the civil rights movement, but his impact was transformative. As attorney general, he protected the Freedom Riders and turned the Justice Department from an enemy of civil rights into an enforcer of antiracist policies. Patricia Sullivan gives Kennedy his rightful place as a force for racial justice.

Unlock the Secrets of the ConstitutionEver felt overwhelmed or confused by the intricacies of the U.S. Constitution? You're not alone. The foundation of American governance, the Constitution can often seem complex and inaccessible. But what if there was a guide that made it all simple?Dive into Constitutional Clarity: A Simple Guide to Constitutional Law and discover the Constitution like never before. This meticulously crafted guide breaks down the core principles, rights, and structures that have shaped the nation for centuries. From the historic origins of constitutional law to the pivotal cases that have defined its interpretation, this book is a treasure trove of insights. Explore the balance between individual freedoms and collective good, unravel the essence of federalism, and compare the U.S. Constitution with its counterparts from around the globe.With chapters dedicated to each branch of government and their powers, you'll gain a comprehensive understanding of the checks and balances that ensure democracy. Uncover the process of constitutional amendments, learn about the rights and responsibilities of citizens, and get practical tips on engaging with and protecting your constitutional rights. The added appendices offer a full text of the U.S. Constitution, a glossary of key terms, resources for further reading, and guidance on advocacy and engagement.Don't let the Constitution remain a mystery. Equip yourself with knowledge, foster informed discussions, and be an active participant in the democratic process. Whether you're a student, educator, activist, or simply a curious reader, Constitutional Clarity is your key to understanding the Constitution in all its depth and nuance. Embark on this enlightening journey today!

Explore the Boundaries of ExpressionDelve into the intricate dance of free speech in the United States. "Walls of Words" is not just another book about the First Amendment; it is a deep dive into the intricate boundaries that define our freedom of expression. With a rich blend of history, jurisprudence, and real-world examples, this book paints a comprehensive picture of how speech has been shaped, celebrated, and suppressed since the founding of America.Ever wondered about the intentions of the Founding Fathers when they penned the First Amendment? Or how landmark cases over the centuries have redefined its interpretation? From the early American media's struggles with censorship to the rise of digital platforms, discover the evolution of speech boundaries and the forces that have constantly sought to redraw them.But it doesn't stop there. In today's digital age, speech boundaries are more complex than ever. Dive into the thorny issues of cyberbullying, doxing, and the rise of disinformation. Understand when speech crosses the line into crime, from threats and extortion to false advertising and copyright infringement. And for those moments when you find yourself walking on the eggshells of culturally sensitive speech, this book offers guidance on navigating those murky waters.Moreover, in a world where the line between private censorship and public responsibility is increasingly blurred, "Walls of Words" challenges readers to reflect on the ethical implications of speech boundaries. How do we balance tolerance with limitation? What role do private entities play in shaping the discourse? And as technology continues to transform the landscape of expression, what challenges lie ahead for the future of free speech?Whether you're a student, a legal enthusiast, or just a curious mind, "Walls of Words" promises an enlightening journey through the ever-evolving wall of words that defines our collective responsibility to uphold the spirit of free speech. Embark on this journey and redefine your understanding of the power of words.