Showing papers on "Fundamental rights published in 1974"
TL;DR: In this paper, questions addressed to the emergence and mix of the components of the bundle of rights are prior to those commonly asked by economists, and they are answered by the authors.
Abstract: When a transaction is concluded in the marketplace, two bundles of property rights are exchanged. A bundle of rights often attaches to a physical commodity or service, but it is the value of the rights that determines the value of what is exchanged. Questions addressed to the emergence and mix of the components of the bundle of rights are prior to those commonly asked by economists. Economists usually take the bundle of property rights as a datum and ask for an explanation of the forces determining the price and the number of units of a good to which these rights attach.
4,043 citations
27 citations
3 citations
01 Jan 1974
3 citations
TL;DR: This paper examined changes in employment, earnings, and income for Non-whites relative to Whites in the North and South during the decade 1960-70 and concluded that some modest progress toward racial equality in employment had been made in North but little or no progress toward eliminating the racial stratification of employment in the South.
Abstract: THIS PAPER EXAMINES changes in employment, earnings, and income for Non-whites relative to Whites in the North and South during the decade 1960-70 (1). In another paper, this author reviewed the racial structuring of employment across the major occupations for the North and South for the period 1940-1960 (2). It was concluded that some modest progress toward racial equality in employment had been made in the North but that little or no progress toward eliminating the racial stratification of employment had been made in the South. However, civil rights did not become a major national issue and receive national legislative attention until the late 1950s. The purpose of this paper is to see if any fundamental relative improvement in Nonwhite employment structure, earnings, and income has accompanied these legislative attempts at establishing equality.
2 citations
TL;DR: In this article, the authors discuss the issue of whether a written or unwritten constitutive law should be adopted in a unicameral government, where the majority of the members of the legislature is chosen by a majority of voters.
Abstract: The subject matter of our discussion today is entitled “Written or Unwritten Constitutions”—but the real issue before us is the supremacy of the legislature. A written constitution is normally thought and spoken of as a curb upon the supremacy of the legislature; and a constitution under which the legislature is supreme, is normally called “unwritten”. I shall not presume to advise you in Israel as to whether you should give yourselves a written constitution: all I can venture to do is to give you some personal reflections from my own experience, as one who has lived his life and administered the law under an unwritten constitution.So far as constitutional law deals with the structure of government—how laws are to be made, how they are to be put into effect, how disputes as to rights and obligations under the law are to be decided—it may or may not, in a unicameral legislature, be advisable to require that amendments of what I may call the structure of the constitution should be by a particular majority. Opinions on this may be divided, and I am not going to take any stand. What I should like to give some reflections upon is the proposal that there should be a “basic law” setting out the fundamental human rights and liberties, and what the status of that law should be.
2 citations
TL;DR: For example, this article pointed out that education has not been an effective "mid-wife" for civil rights in the United States, and that constitutional rights are widely misunderstood and violated.
Abstract: Several decades ago John Dewey wrote that "democracy must be born anew every generation and education is the mid-wife." The civil rights guaranteed by our Constitution are certainly at the heart of a healthy democracy. But evidence is all around us, whether gathered through careful studies or gleaned from the unfolding drama of Watergate, that constitutional rights are widely misunderstood and violated in the United States.' Education has not been an effective "mid-wife."
2 citations
01 Jan 1974
TL;DR: The history of the consideration of human rights may be described as the history of man's development of man as mentioned in this paper, which has been the story of man emergence from a state of extreme ignorance and lack of concern about his fellow man to a high concern.
Abstract: The history of the consideration of human rights may be described as the history of the development of man. It has been the story of man's emergence from a state of extreme ignorance and lack of concern about his fellow man to a state of high concern. This is not to say that this concern has not always existed in one form or another and has not been a powerful motive in various individual's lives, and groups of individuals throughout history. However, what is new about this development is that representatives of governments of various peoples from all over the world have gathered together and considered the question of human rights and have developed a charter in which these rights are specified (see Appendix).
Journal Article•
TL;DR: In this article, it was observed that, before the military intervention, the bill of rights was entrenched in the Constitution since the rights and the procedure for their enforcement could only be altered through a rather complicated process in which both the central and regional legislatures had to participate.
Abstract: Since 1959 2 a bill of rights has always been written into successive Nigerian Constitutions. When the Military took over the government of the country in 1966, it suspended 3 or amended a number of the provisions of the governing 1963 Constitution. Quite remarkably Chapter 3 of that Constitution embodying the bill of rights is among the portions that have not been altered or suspended. It is therefore significant that even under the military regime the fundamental rights of the individual are protected by the Constitution. It must however be observed that, before the military intervention, the bill of rights was entrenched in the Constitution since the rights and the procedure for their enforcement could only be altered through a rather complicated process in which both the central and regional legislatures had to participate. 4 Since the army take-over no part of the Constitution is entrenched. This is because section 4 of the 1963 Constitution providing for a stiff and complicated amending procedure of some of its provisions has been suspended 5 and the Supreme Military Council is now competent to enact any laws on any topic by decree 6 and no decree is required to be promulgated in any special form or through any special procedure. A decree is valid once it is signed by the Head of the Federal Military Government. 7
01 Jan 1974
TL;DR: In this article, the authors developed a line of reasoning which would suggest that economic development of a community cannot be fully understood without analysis of the effects of property rights structures on the pattern of behaviour of its members.
Abstract: The idea of economic planning for development dominates both the thinking and practice of almost all underdeveloped countries today. Their leaders seem to identify the annual increment in physical output either with the rate of improvement in social welfare or, as is often the case, with the promise of its improvement in the foreseeable future. Yet it appears that the standard of living and the rate of its improvement in countries which have limited the scope of economic planning to a declaration of their aims and objectives is at least as high as in those countries which have adopted various kinds and degrees of effective administrative planning. The purpose of this paper is to develop a line of reasoning which would suggest that economic development of a community cannot be fully understood without analysis of the effects of property rights structures on the pattern of behaviour of its members.
TL;DR: Senna as discussed by the authors argued that due process of law is being applied increasingly to protect in dividual rights when the government seeks to deprive a person of life, liberty, or prop erty.
Abstract: Joseph J. Senna, MSW, JD, is Associate Pro fessor, College of Criminal Justice, Northeastern University, Boston, Massachusetts. Today the concept of due process of law is being applied increasingly to protect in dividual rights when the government seeks to deprive a person of life, liberty, or prop erty.1 The trend toward a wider use of due process to prevent abuse of power has spread to many fields in the human ser vices, especially public welfare, juvenile delinquency, and corrections. More than ever before, due process of law has been used in these settings to challenge various types of arbitrary action such as the termi nation of aid by welfare officials or the imposition of punishment on prison in mates. Perhaps because consistent judicial intervention has called attention to grave infringements of human rights in the fields mentioned and in mental health—particu larly over the past decade—these fields have become open to severe criticism and change by those providing or receiving services. Prior to the 1960s the judicial system usually refused to become involved in arbi trary administrative practices in human services. Today the courts have discarded the traditional hands-off doctrine and they readily review grievances of individuals in order to insure equal protection and due process of law. The judicial system has begun to recognize that persons on welfare, patients in mental hospitals, juveniles be fore a court, and inmates in correctional facilities have basic rights. Those who are planning and carrying out programs and services are now ques tioning procedures followed for many years because these procedures may vio late the constitutional rights of those in volved. Social work practitioners and other professionals who are in the field of human services and who are providing the services ought to be aware of the extent of judicial intervention, which is occurring increasingly when basic human rights are violated. Also, judicial solutions to human service problems have an impact on overall agency administration, types of programs, and eligibility requirements, as well as pro fessional education.