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This book analyzes the evolution of the idea of human rights, the
"universalization" of human rights as reflected in the spread of
"constitutionalism" to almost all states. It focuses on the
conditions that must exist if the rights of men and women are to be
more secure in the future.
This book analyzes the evolution of the idea of human rights, the
"universalization" of human rights as reflected in the spread of
"constitutionalism" to almost all states. It focuses on the
conditions that must exist if the rights of men and women are to be
more secure in the future.
This text explores the principal issues and developments, both in
international human rights and in rights in the United States, and
then compares the concepts and conditions of rights in various
parts of the world. It pays particular attention to the role of US
foreign policy.
This casebook provides a comprehensive, accessible, and up-to-date
analysis of international human rights law. It emphasizes the
relationship between the international, regional, and national
legal systems (with a particular focus on the United States),
features an intellectual and historical development of the idea of
human rights, and analyzes recent developments in areas including
corporate responsibility, terrorism and human rights, the rights of
refugees, international criminal law, and the role of
nongovernmental organizations. The first edition has been
comprehensively revised and updated to address important and
hot-button issues and topics in international human rights law.
In 1989, the people of the United States celebrated the
bicentennial of their country's Constitution. At the same time
Americans observed the continuing miasma of the Iran-Contra affair.
Although we celebrated the longevity of the Constitution, the
Iran-Contra affair can be seen as a result of the problems brought
about by the fact that the framers of the Constitution envisioned a
republic very much different from the United States today. Over the
centuries each branch of the Federal government has aggrandized its
consitutional powers, breeding constitutional controversy,
instability, and occasional crisis. In "Consitutionalism,
Democracy, And Foreign Affairs" Louis Henkin addresses a highly
controversial yet neglected aspect of Consitutional jurisprudence
-the governance of foreign affairs. Henkins examines whether our
constitutional blueprint for the conduct of foreign affairs is
appropriate to the democracy we have become, or whether it might be
desirable to consider constitutional change.
Looking first at the wrangling between Congress and the
President for foreign affairs jurisdiction, including questions
related to the controversial War Powers Act, Henkin then moves to
the issue of the role of courts in foreign affairs of a republic
that has become a democracy, and issues of individual rights
arising out of foreign relations. He finds that in the conduct of
foreign affairs we are particularly susceptible to the claims of
"efficiency" -that we repose full faith in "the experts" for fear
of appearing divided before the world. In the process, Henkin
argues, we carelessly sacrifice the individual rights that the
framers of the Constitution had hoped to insure. In conclusion,
Henkin argues that it is ultimately the responsibility of the
United States Congress to provide through new laws and institutions
the Consitutional "rudder" that will "reaffirm our ancestral
commitment to constitutionalism appropriate to our democracy, in a
nuclear world in the Twenty-first century, the Third Century of the
Constitution."
A study of the East Asian Institute and of the Center for the Study
of Human Rights, Columbia University--Prelim. p. 1.
This is a new edition of the author's "classic" book, long since out of print. Published originally in 1972 it rapidly established itself as the leading work dealing with mysteries of the US constitutional system as it effects US foreign relations. The new edition has been reconceived, reorganized and completely updated, but in essence it remains a succinct and highly readable account of a subject which is important not only in the US, but throughout the world.
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