Three levels of human decisionmaking and the protection of fundamental rights
Article Abstract:
Decisionmaking occurs at personal, collective and constitutional levels. At the second level, government makes rules governing personal choice at the first level. Increasing community participation tends to reduce governmental intrusiveness. The third, constitutional level also seeks to restrain government intrusion. Thus the Bill of Rights represents third level constitutional rules constraining the second level of government from intruding on private choice at the first level. Third level constraints create a tension within government as it tries to regulate itself and also tend to weaken the sense of community participation in government.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
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Criticisms of federal counter-terrorism laws
Article Abstract:
The recently enacted Antiterrorism and Effective Death Penalty Act of 1996 threatens freedom while doing little to increase safety. Federal law-enforcement powers have expanded greatly in the past few years, with little oversight to prevent abuses. Congress should do more than hold hearings about past abuses of federal law-enforcement power that occurred at Waco and Ruby Ridge. Instead a permanent mechanism for independent oversight should be established, and the exclusionary rule should be maintained to curtail misconduct by police.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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What constitutes full protection of fundamental freedoms?
Article Abstract:
The American Civil Liberties Union (ACLU) focuses on the defense of political and civil liberties and defines those liberties flexibly. The ACLU has resisted pressure to advocate broader economic and social rights, but recognizes possible links between economic status and civil rights. The ACLU does not limit its conception of civil rights to those contained in the Bill of Rights or other Constitutional amendments. For example, employees' rights need to be protected although those rights are not specified in the Constitution.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
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