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This article explores this tension between rights and power under the headings of the power of rights and the rights of power. The main argument of the paper is that rights of power prevail over the power of rights almost always when strategic interests *Correspondence to: Richard Falk, Professor emeritus of International Law, Princeton University.
3 de nov. de 2022 · Common good constitutionalism seeks to ground and legitimate choices of constitutional design and interpretation in a manner committed to pursuing the flourishing of all members of the community. This raises important questions relating to the separation of powers and fundamental rights protection.
2 de jul. de 2015 · Drawing on plural social theoretic and philosophical literatures – and a multiplicity of empirical domains – they illuminate the multi-layered and intricate relationship of human rights and power.
- Louiza Odysseos, Anna Selmeczi
- 2015
Keywords: human rights; power; rights struggles; indeterminacy There is never a dull moment in the political and social life of human rights. Scholarly and political voices sceptical of the seemingly unstoppable rise of human rights have long argued that they form the moral and intellectual key
1 de ene. de 2008 · We analyse the potential limitations of the human rights frame in the context of critiques that human rights are a liberal, Western discourse that does not reflect the lived experiences of...
19 de dic. de 2005 · Moral rights, legal rights, and customary rights all define domains of rights within the realm of rights of conduct: rights concerning how agents may and should act. When our reasons within these three different domains conflict, we may have reasons of different kinds to act in different ways.
It takes notes of the rise of human rights as a discourse in international law, and draws attention to the use of this discourse by powerful states, especially the United States, to validate non-defensive uses of force.
