A Note on Models with Generated Covariances

Macklem, Tiff

doi:10.1111/j.1468-0084.1988.mp50002009.x

Cited by 5 publications

(5 citation statements)

References 11 publications

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“…235 On the Refah case, the ECtHR upheld the ban, as the party's support of violence and religious discrimination contradicts the freedoms guaranteed by the European Convention on Human Rights. 236 To conclude, "implicitly" 237 to some, or "explicitly" 238 to others, the ECtHR uplifted militant democracy into a constitutional value at the European level. 239…”

Section: Spainmentioning

confidence: 99%

Regulating Parties by Constitutional Rules in Liberal Democracies

Santos Botelho,

Garoupa

2023

German Law Journal

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When establishing constitutional rules that regulate political parties, liberal democracies struggle between civil liberties—thus tolerating anti-democratic parties—and potential threats of democratic breakdown, which can be reduced by prosecuting and prohibiting anti-democratic parties. We suggest that liberal democracies must balance false positives and false negatives by combining ex ante and ex post regulatory mechanisms. By making use of a unique dataset of thirty-seven liberal democracies collected by the authors, we find empirical results consistent with our positive theory. An extensive review of the normative debate and case law provides additional qualitative support.

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Section: Spainmentioning

confidence: 99%

Regulating Parties by Constitutional Rules in Liberal Democracies

Santos Botelho,

Garoupa

2023

German Law Journal

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“…Emphasis on IHRL's 'internal morality' is sometimes treated as an acknowledgement that the rights need not perfectly mirror existing ethical rights 51 and sometimes as a call for attending to the systems' claimed moral justifications on their own terms. 52 Both approaches provide a means of judging claims and can justify change: if a recognized 'right' does not fulfill HR's purported role in a system, it should be removed.…”

Section: Pas' Core Claimsmentioning

confidence: 99%

“…The right could also be justified to remedy the international legal system's negative impacts on health. 56 If either dignity or remedying injustices is sufficient to justify IHRL systems, one could plausibly justify the right to health and an international system that recognizes it. Making similar arguments for the right to a paid vacation is much more difficult, so PAs secure tools for critiquing recognized international HR.…”

Section: Pas' Core Claimsmentioning

confidence: 99%

Legal doctrine as human rights ‘practice’

Silva

2022

Glob. Con.

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‘Practical’ approaches to human rights hold that analysis of legal human rights must attend to the practice(s) of international human rights law and that the nature and justification of international human rights is best determined by attending to their role(s) in international human rights law’s system of normative practices, not analogous moral rights outside it. These core tenets plausibly explain the apparent normativity of international human rights law despite controversies about the status of many ‘rights’ in the ‘International Bill of Rights’. Yet plausible practical approaches require clear and compelling accounts of which practices qualify as human rights practices. Most existing accounts view ‘responses’ to claims made in the name of the international legal community as key to the identification of human rights. Activities by domestic governments and non-governmental actors qualify as relevant practices. While understandable, these ‘responsive’ accounts of practice create more problems than they solve. This work accordingly promotes a largely unexplored account on which ‘human rights practices’ are strictly defined by international legal doctrine. This ‘doctrinal’ account of practice is most likely to maintain practical approaches to human rights’ potential benefits without generating an unduly expansive rights register or adopting strong theoretical commitments about the nature of law.

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“…It is, therefore, less surprising that Patrick Macklem has described a voluntary corporate code as 'at best a form of public relations for powerful multinationals and at worst a misleading seal of approval affixed by those with no legitimate claim to judge these matters'. 121 It is also vital to note that both universal and regional human rights instruments prohibit both states and NSAs from engaging in any activity aimed at the destruction of human rights. For example, Article 30 of the UDHR prohibits groups or persons any right to 'engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein'.…”

Section: Responsibilities Of Nsas In International Human Rights Instrmentioning

confidence: 99%

The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?

Ssenyonjo

2008

The International Journal of Human Rights

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A Note on Models with Generated Covariances

Cited by 5 publications

References 11 publications

Regulating Parties by Constitutional Rules in Liberal Democracies

Regulating Parties by Constitutional Rules in Liberal Democracies

Legal doctrine as human rights ‘practice’

The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?

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