Icon-International Journal of Constitutional Law最新文献_第4页

Antiabortion legal mobilization in Brazil: Human rights as a field of contention 巴西反堕胎法律动员：人权是一个争论的领域

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-20 DOI: 10.1093/icon/moad030

Marta R de Assis Machado

引用次数: 0

Appropriation and the rewriting of rights 挪用和改写权利

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-19 DOI: 10.1093/icon/moad028

Jayne C. Huckerby, Sarah Knuckey

{"title":"Appropriation and the rewriting of rights","authors":"Jayne C. Huckerby, Sarah Knuckey","doi":"10.1093/icon/moad028","DOIUrl":"https://doi.org/10.1093/icon/moad028","url":null,"abstract":"\u0000 The protective reach of human rights has expanded over time. However, some have argued that this expansion constitutes illegitimate rights inflation, and for some conservative stakeholders, the modern development of rights has been at odds with their positions on issues such as reproductive rights and marriage equality. Against this backdrop, the Trump Administration launched the Commission on Unalienable Rights in 2019 to “reexamine” rights. It might be expected that such an initiative would reject human rights. However, it embraced rights discourse, positioned it as central to US values and policy, and called on the United States to pursue rights with “renewed vigor.” This article offers a decoding of this apparent embrace. We argue that rather than renewing commitments to rights, the Commission appropriated human rights. It reworked the human rights canon from within by elevating some rights over others, and by narrowing rights in line with conservative takes on where rights come from, who they should protect, and which rights matter. This article offers a framework for analyzing how appropriation happens, and where and in what ways it is contested. We identify four core elements to appropriation and spaces for challenging it: messenger and motive legitimacy; process legitimacy; substantive legitimacy; and norm diffusion. This framework makes visible the sites and processes of appropriation under the cover of protecting rights, that in practice seek to roll back understandings of right and their sources. While the Commission was disavowed by the subsequent US administration, conservative efforts to redefine rights are ongoing—including through promotion of the Commission’s work—and share many of the same normative underpinnings of the Commission’s establishment and rollout. Making apparent the strategies and mechanisms of appropriation through this case-study therefore enables recognition of future conservative moves to appropriate rights and provides insights into how to resist such efforts.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46600086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Beyond the “usual suspects”: Women judges, feminist adjudication, and Asia Pacific 超越“常见嫌疑人”：女性法官、女权主义裁决和亚太地区

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-17 DOI: 10.1093/icon/moad039

Surbhi Karwa

引用次数: 0

Fair representation and the gender perspective 公平代表权和性别观点

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-11 DOI: 10.1093/icon/moad041

Ayesha Malik

引用次数: 0

Constitutional parasitism, camouflage, and pretense: Shaping citizenship through subterfuge 宪法寄生、伪装和伪装：通过诡计塑造公民身份

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-03 DOI: 10.1093/icon/moad027

Farrah Ahmed

{"title":"Constitutional parasitism, camouflage, and pretense: Shaping citizenship through subterfuge","authors":"Farrah Ahmed","doi":"10.1093/icon/moad027","DOIUrl":"https://doi.org/10.1093/icon/moad027","url":null,"abstract":"\u0000 Constitutional rights or values are sometimes used by governments to disguise, mask, or misdirect attention from the true nature of their actions. Such strategies of subterfuge are, by their nature, difficult to identify and prove. This article responds to the challenge of identifying and proving subterfuge by demonstrating three types of strategies of subterfuge governments may deploy. To that end it uses a close study of three strategies deployed in the Indian government’s defense of a controversial citizenship law. The first strategy is the introduction and incubation of nationalist versions of constitutional values, exemplified by the Indian government as it planted an alternative nationalist vision of secularism in legal and public discourse about citizenship. The second strategy is the appropriation of constitutional rights to serve as camouflage to deflect criticism of the government’s true aims; the Indian government illustrated this strategy as it used religious freedom to camouflage its goal of removing “infiltrators.” The third strategy is the appropriation of human rights precedents for state action which in fact breaches human rights. The article demonstrates how we might prove, identify, and establish each of these strategies, when they are at work.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43609427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Zachary Elkins, Review of Donald L. Horowitz, Constitutional Processes and Democratic Commitment Zachary Elkins，唐纳德·L·霍洛维茨评论，宪法程序和民主承诺

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-03 DOI: 10.1093/icon/moad022

Zachary Elkins

引用次数: 0

Traditional values, family, homeschooling: The role of Russia and the Russian Orthodox Church in transnational moral conservative networks and their efforts at reshaping human rights 传统价值观，家庭，家庭教育:俄罗斯和俄罗斯东正教会在跨国道德保守网络中的作用及其重塑人权的努力

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-05-03 DOI: 10.1093/icon/moad026

K. Stoeckl

{"title":"Traditional values, family, homeschooling: The role of Russia and the Russian Orthodox Church in transnational moral conservative networks and their efforts at reshaping human rights","authors":"K. Stoeckl","doi":"10.1093/icon/moad026","DOIUrl":"https://doi.org/10.1093/icon/moad026","url":null,"abstract":"\u0000 In the last two decades, Russian state actors and the Russian Orthodox Church have come to play an increasingly important role in the undermining of established understandings of international human rights law by reinterpreting its aims and repurposing its institutions, in particular the Universal Declaration of Human Rights, the United Nations Human Rights Council, and the European Court of Human Rights. Russian state and church leaders have appropriated and coopted the language of human rights in order to advance an illiberal and nationalist agenda that undercuts democratic values and targets particular groups and their rights and freedoms—most notably liberal civil society, political opposition, and the LGBTIQ+ community. Written from the angle of a constructivist sociology of human rights, this article brings together three case studies of Russian rights appropriation around the topics of traditional values, family, and homeschooling and draws six lessons on the (mis)appropriation of human rights for illiberal purposes. The analysis of Russia’s rights appropriation sheds light on the background and build-up for current events in Russia’s war against Ukraine.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44617457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Derechos fundamentales e inteligencia artificial 基本权利和人工智能

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-05 DOI: 10.1093/icon/moac099

C. Bernal

引用次数: 1

Elizabeth Fisher & Sidney A. Shapiro. Administrative Competence: Reimagining Administrative Law 伊丽莎白·费舍尔和西德尼·夏皮罗。行政权限:重新构想行政法

IF 1 3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-02 DOI: 10.1093/icon/moad021

B. Emerson

引用次数: 0

Global constitutionalism and the People’s Republic of China: Dignity as the “fundamental basis” of the legal system? 全球宪政与中华人民共和国:尊严是法制的“根本基础”?

3区社会学

Icon-International Journal of Constitutional Law Pub Date : 2023-04-01 DOI: 10.1093/icon/moad034

Alec Stone Sweet, Trevor T W Wan

{"title":"Global constitutionalism and the People’s Republic of China: Dignity as the “fundamental basis” of the legal system?","authors":"Alec Stone Sweet, Trevor T W Wan","doi":"10.1093/icon/moad034","DOIUrl":"https://doi.org/10.1093/icon/moad034","url":null,"abstract":"Abstract The People’s Republic of China has declared dignity to be a foundational norm of its legal system, as institutionalized through a suite of constitutional and legislative reforms. Indeed, the 2017–21 period saw the adoption of some of the most far-reaching statutes in the history of the PRC, the centerpiece of which is the new Civil Code (2021). In both structure and content, provisions of the Civil Code comprise a quasi-constitutional charter of rights. Indeed, many Chinese scholars do treat the Civil Code as such, developing sophisticated constitutional theory along the way. At the core of these claims is dignity, which occupies a prominent position within the Civil Code, and from which a host of additional rights, including unenumerated rights, can be derived. After situating these developments in light of global constitutional practice, we examine the emergence of dignity as an officially sanctioned commitment device, and analyze the pertinent scholarly discourse, structure, and content of the new Civil Code, and the various roles that the Communist Party of China, the National People’s Congress, and the Supreme People’s Court are expected to perform in supervising the work of the judiciary in operationalizing the Civil Code. We conclude that while the PRC has not fully embraced the dignity norm in the way other constitutional systems have, it has nonetheless permitted significant discursive debates that deserve to be analyzed comparatively.","PeriodicalId":51599,"journal":{"name":"Icon-International Journal of Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135628166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0