The effectiveness of bills of rights
Article Abstract:
The Bill of Rights has been more effective politically and symbolically than structurally and practically. The practical effectiveness of the Bill of Rights depends on how it has been interpreted by the Supreme Court. The Bill of Rights has been selectively enforced, since little attention has been paid to the Second and Third Amendments. The Court has interpreted many rights expansively, but others, such as the right to a jury trial, have been curtailed. In general, the ideals of the Anti-Federalists, the original proponents of the Bill of Rights, have been reversed by the federal courts.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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Protecting the environment from orthodox environmentalism
Article Abstract:
Orthodox environmentalists believe that pursuit of economic self-interest has been the main cause of environmental problems, in spite of contradictory evidence such as the environmental deterioration in Eastern Europe. This orthodoxy needs to be challenged before free market environmentalism can get a fair hearing. Questions of fact and questions of value are frequently confused in debates about environmental issues. The result is an environmental puritanism which assumes that humans are not part of nature and that any human effect on the environment is immoral.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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How effective are bills of rights in protecting individual freedoms?
Article Abstract:
The experience of other nations with bills of rights shows that they are not always effective in protecting individual freedoms. For example, Cambodia, Iraq and the former Soviet Union all have or had bills of rights, yet rights have not been upheld in practice. Thus it is important to consider what factors in the US Bill of Rights or in its social, legal or political systems have made freedom possible in this country.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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