Suchergebnisse

It is often claimed that states have territorial rights, and that these
rights include the right to exclude people who seek admission to their
territory. In this paper I will examine whether the most defensible account
of territorial rights can provide support to the right to exclude. I will
discuss three types of theories of territorial rights. The first account
links the right of states to exclude to the prior right of individuals to
freedom of association, which is said to include the right not to associate
and to dissociate. The second is a Lockean theory that grounds the
territorial rights of states, and hence their right to exclude, in the prior
right of individuals to private property in the land that constitutes the
territory of the state. I argue that these accounts have independently
implausible implications, regardless of their implications for the
immigration debate. The third account is a Kantian theory that bases the
territorial jurisdiction of states on individuals? duty to create, sustain
and submit themselves to a shared system of law that is a necessary condition
of guaranteeing their rights and of discharging their duties towards one
another. I will argue that the Kantian account is superior to its current
alternatives. However, I also suggest that it cannot ground a broad right to
exclude.

"The instincts of democratic citizens concerning political morality pull in opposite directions. On the one hand, we tend to think that the norms of political action are more lenient than those of private ethics. But we also believe that politicians are subject to more demanding expectations than ordinary people. Political theory must provide a coherent account of these apparently conflicting beliefs." "According to Janos Kis, the classical doctrine is capable of accounting for the first one, but at the cost of sacrificing the second. The main aim of the book is to show how the two intuitions can be integrated in a unified theory, and what such a theory tells us about the role of moral accountability in democratic politics."--Jacket.

This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties