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6 Cards in this Set
- Front
- Back
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European Bills of Rights
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European bills of rights are extensive. They often contain statements of positive (as well as negative) rights: "right to work", to "adequate pay", "leisure and vacations", to "human dignity", and to "old age pensions"
*rights will require balancing by someone |
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Constitutional Amendment
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*In Germany, the constitution (or Basic Law) is as nonamendable
*in Spain and Italy, legal scholars consider ‘‘core rights provisions’’ immune to consti¬tutional revision. *Only new interpretations from the high courts can alter these ‘‘core’’ parts of these constitutions, |
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Hirschl Claim:
Israel |
in 1992, in Israel, after years of opposition to an entrenched bill of rights, the politically dominant but soon to be nondominant Ashkenazi Jews changed their tune
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Hirschl Claim:
Canada |
In Canada, the adoption of a constitution and Charter of Rights took place in 1982, and Hirschl attributes its adoption to a per¬ception by its Anglophone, Protestant, business-oriented ‘‘estab¬lishment’’ that its political and cultural dominance was being threatened by the Quebec separatist movement
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Hirschl Claim:
New Zealand |
- New Zealand, long viewed as a stalwart of the British parlia¬mentary sovereignty system, made the turn to a written bill of rights in 1990. Hirschl finds the rising political threat there in what he calls ‘‘peripheral’’ groups.
In the late 1970s, the New Zealand pop¬ulation was more than 90% of European descent; by the mid¬1990s, it was fewer than 75%. By 1995, the population was 15% Maori and 11% Asian/Pacific Islander |
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Selection of Judges:
Problem in Japan |
-J. Mark Ramseyer and Eric B. Rasmusen (2001) have demonstrated with the case of Japan that even a civil service system for judicial re¬cruitment (appointing judges by competitive exam rather than political connections) with a bureaucratic career ladder can still produce judges who toe the party line, because those judges who do so will be rewarded with promotions
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