Rights in twentieth-century constitutions

Article Abstract:

The US lags behind other developed nations in providing constitutional guarantees of welfare rights. However, welfare rights tend to be regarded as 'programmatic' rather than actually enforceable. Constitutional guarantees do not seem to be strongly correlated with actual social expenditures. In fact, other countries are imitating aspects of the American system that work well, such as the cooperation between government and private organizations and the capacity for innovation provided by federalism. Rights and welfare both depend on the social capital of civic virtue which needs more attention.

Comparative analysis, Constitutional law

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The politics of women's wrongs and the Bill of "Rights": a bicentennial perspective

Article Abstract:

The Bill of Rights was intended to protect the interests of men of property from the majority who were without property, including women. This bias still operates to support the status quo against reform and to limit the participation of ordinary people, especially women, in politics and government. Women's concerns are excluded by the division between public and private spheres incorporated in the Bill of Rights. The Bill of Rights should be evaluated by its lack of success in fostering political participation and increasing economic and physical security.

Social aspects, Laws, regulations and rules, Women

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The Bill of Rights: a century of progress

Article Abstract:

Judicial interpretation of the Bill of Rights has shown significant progress over the past 100 years, although Supreme Court decisions in 1991 have begun to narrow its application. Earlier, judicial adoption of the incorporation doctrine under the 14th Amendment significantly expanded the scope of the Bill of Rights. The Framers of the Constitution never intended to produce an exhaustive document like the Napoleonic Code, but rather a general framework which allocated significant decisionmaking power to each branch of government, including the judiciary.

History, Political aspects, Constitutional history

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