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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.
10 de jul. de 2018 · These inalienable rights above are different, and far superior to constitutional rights. A power has its genesis either in constitutional law, common law or statute. And powers are usually and inevitably exercised by institutions: the legislature, the executive, or the judiciary.
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.
This chapter explores the tensions between the normative ideal of human rights and the facts of asymmetric power. First, it reconstructs and assesses important power-related worries about human rights.
2 de jul. de 2015 · This paper demonstrates that even the ‘powerful’ need to vernacularise rights norms and ideals when the group has no meaningful history of engaging with rights and the law. This shared process of vernacularisation highlights the plasticity of rights, and how they can be bent to serve the relatively powerful or the relatively powerless.
13 de sept. de 2021 · Having laid down this fundamental principle, Bodin famously identified eight such exclusive rights—or ISFs—that he regarded as essential to sovereignty: the power to make and unmake law, the right of declaring war and peace, the right to create offices and appoint officers, the judicial right of final appeal, the power of pardon, the right ...
The words "right" and "power" are not merely class words, A specific right or power, even though it has no physical existence, is thingified. Like tangible things, it can exist and endure. A right can be bought, sold, inherited and taxed. Of what stuff is this thing made? How does it come to exist? And what is its function?
