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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Court protection no 2
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Uk supremem 1 8
Williams published

Human Rights and Federalism

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ISBN13: 9789041114921
ISBN: 9041114920
Published: November 2000
Publisher: Brill Academic Publishers
Format: Hardback
Price: £169.00

Usually despatched in 1 to 3 weeks.

Deeply rooted in liberal philosophy of the 17th and 18th-centuries, fundamental rights have been traditionally conceived as prohibitions of state interference with the private affairs of citizens. Classic liberalism views human freedom generally as the absence of governmental restrictions, maintaining that happiness, prosperity, and progress can be achieved only by limiting government. In an increasingly complex world, this raises the question as to whether and to what extent laissez-faire ideology, in particular negative freedom, is correct. Is the enjoyment of rights possible without state intervention? And if not, what kinds of positive responsibility does the State have toward its citizens? This volume challenges these traditional assumptions by showing that the protection of fundamental rights depends on both restraint and intervention of the State. Moreover, federalism as the institutional embodiment of cultural diversity apparently stands in opposition to human rights, which constitute normative responses to universal moral claims to freedom and well-being.;The common perception views de-centralization of power as a threat to the rights of individuals and minority groups because it allegedly makes uniform and equal treatment impossible; this undermines national unity and collides with the concept of universal citizenship. The general issue discussed in the book is whether the pursuit of liberty and happiness necessarily excludes the commitment to cultural diversity and local autonomy. The study examines the three federated countries, Canada, Switzerland, and the United States, with a particular focus on human rights protection and federalism in Canada.

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1. The Dilema and Fallacies of Negative Libertarianism.
2. Alternative Approaches to Human Rights Protection.
3. Toward a Programmatic Reading of the Canadian Charter of Rights and Freedom.
4. Human Rights Protection as an Intergovernmental Responsibility.
5. Ex Uno Plures or E Pluribus Unum? Plaidoyer for a Multicultural Charter Discourse. Conclusion. Selected Bilbiography. Index.