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The constitutional rights of private governments

Article Abstract:

The most prominent theory of rights holds that rights exist to protect individuals from coercion. Yet, this fails to explain Supreme Court decisions about the rights of organizations to coerce their members. A more accurate theory or rights is that rights control what sort of institution an individual may be coerced by, rather than guaranteeing freedom from coercion.

Author: Hills, Roderick M., Jr.
Publisher: New York University Law Review
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 2003
Constitutional interpretation, Duress (Law), Coercion (Law), Organizations

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European constitutionalism and the European arrest warrant: In search of the limits of "contrapunctual principles"

Article Abstract:

The article examines declaration of implementation of European Arrest Warrant Framework Decision into national law as unconstitutional by three European constitutional courts, in context of contrapunctual law principle. The discussion reveals limitations of the contrapunctual principles.

Publisher: Aspen Publishers, Inc.
Publication Name: Common Market Law Review
Subject: Law
ISSN: 0165-0750
Year: 2007
Europe, Criminal procedure, Criminal law

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Subjects list: Interpretation and construction, Laws, regulations and rules, Government regulation, Constitutional law
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