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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.
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 ...
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.
Rights are independent standards of fairness or legitimacy that are either socially recognized or formally established in law or contract. Such standards include reciprocity, precedent, equality, and seniority. Finally, power can be understood as the ability to coerce someone into doing something he would not otherwise do.
20 de jun. de 2014 · Rights & Permissions. Abstract. Can the dissolution or transgression of sovereign authority – ‘failed states’, for example – be understood within a concept of sovereignty?
