Open Access Publisher and Free Library
HUMAN RIGHTS.jpeg

HUMAN RIGHTS

Human Rights-Migration-Trafficking-Slavery-History-Memoirs-Philosophy

Posts tagged democracy
Power Of Federal Judiciary Over Legislation

Power of Federal Judiciary Over Legislation by J. Hampden Dougherty is a compact but weighty work first published in 1912, offering a vigorous defense of the judiciary’s power to strike down unconstitutional laws. Written during an era of growing skepticism toward centralized authority, Dougherty’s book situates judicial review as an indispensable safeguard built into the American constitutional system. He begins by tracing the intellectual and historical roots of this power, arguing that it was not an accidental byproduct but an intentional creation of the framers. Drawing on the Constitutional Convention debates and the Federalist Papers—particularly Alexander Hamilton’s famous exposition in Federalist No. 78—Dougherty insists that the courts’ ability to declare legislative acts void is central to maintaining the supremacy of the Constitution.
Read today, Dougherty’s work resonates in a world facing renewed tensions between legislatures and courts. The questions he grappled with—how much power unelected judges should have over elected lawmakers, whether the judiciary can check majoritarian excesses without overstepping, and how to reconcile constitutional text with evolving social norms—remain pressing in 2025.
In an age of polarized politics, social media-driven outrage, and legislative gridlock, the themes of Dougherty’s book speak directly to contemporary challenges. His work encourages a sober reflection on whether judicial power is a threat to democratic self-government or an essential defense against its excesses.
More than a historical artifact, Power of Federal Judiciary Over Legislation functions as a mirror for modern constitutional crises. It underscores how the tensions between law and politics, and between judicial restraint and activism, are not new but woven into the fabric of American governance. As debates continue in 2025 about court-packing, term limits for justices, and the appropriate scope of judicial intervention, Dougherty’s concise and forceful treatise offers both a defense of the judiciary’s traditional role and a challenge to ensure it remains a stabilizing rather than destabilizing force in constitutional democracy.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. 108p.

Popular Government: Its Essence, Its Permanence, and Its Perils

By William Howard Taft

I came to Yale to assume my duties as Kent Professor of Law near the end of the school year, when it was not practical to add my courses of constitutional law to the then curriculum. It was suggested, therefore, that during the spring term, I prepare and deliver a course of lectures on some questions of modern government. This I did, making my text the preamble of the Constitution of the United States. In explaining the meaning of “We, the people,” used to describe the source of political power, I thought it relevant and important to discuss the proposed changes from our republican form of government to a more direct, democratic government, and this led me to consider the initiative, the referendum and the recall, and also the direct primary, which, while not necessarily involved with the other issues, properly su

Yaxe University Press, 1813, 290p.

Polyarchy: Participation and Opposition

By Robert A Dahl

Given a regime in which the opponents of the government cannot openly and legally organize into political parties in , order to oppose the government in free and fair elections, • what conditions favor or impede a transformation into IF ! regime in which they can? That is the question with which \ this book is concerned. j Concepts Since the development of a political system that allows for opposition, rivalry, or competition between a government and its opponents is an important aspect of democratization, this book is necessarily about one aspect of democratization. But the two processes—democratization and the development of public opposition—are not, in my view, identical. A full description of the differences could lead us into a tedious exploration of a semantic bog. To avoid this detour, I hope I may be allowed to indicate rather summarily some of my assumptions without much in the way of defense or elaboration. I assu

New Haven and London, Yale University Press, 1971

Issues of Freedom: Paradoxes and Promises

Planned and Edited by Ruth Nanda Anshen

Although this work amounts to a philosophical essay, it was conceived as an introduction to a history of freedom. For this purpose I found it necessary to consider freedom in relation to culture as a whole, not merely to the state. I have likewise viewed it in a considerably longer, wider perspective than thinkers were able to before this century, in which there has been a vast deal of research in history, sociology, and anthropology. In such a perspective the subject of freedom grows more complex, and does not readily permit the logical rigor and precision to which many philosophers aspire; but I must hope that it is also illumined. My main concern has been the basic, not the immediate issues of freedom, and my main purpose an objective analysis, not a prescription or a call to arms. Inevitably, however, I have written with the immediate issues in mind. I continually refer to them, in part for the sake of concrete illustration, but also for their own sake. And I make no pretense of utter objectivity, given a subject in which we all have deep commitments. My analysis has been influenced by preconceptions, my conclusions come down to a credo. I should maintain only that I have endeavored to lay on the table, face up, all the premises of my commitments, and that my preconceptions are not mere prejudices, unconscious or unreasoned.

WORLD PERSPECTIVES • Volume Twenty-three, 1960, 181p.

The American Citizens Handbook

By Joy Elmer Morgan

To be a good father, mother, brother, sister, or friend; To be a dependable, faithful, and skilled worker in home, school, field, factory, or office; To be an intelligent, honest, useful, and loyal citizen, with faith in God and love of fellowman; To recognize the brotherhood of man and to five by the Golden Rule— These are the aspirations that have brought happiness and achievement to the America we all love. These are the aspirations that must help us find our way to new glory and grace in the midst of worldwide change. A great civilization must have its roots in the soil of the past and its branches reaching to the stars of the future. Otherwise it lacks the experience and motive necessary for noble achievement in the present. Has the nation lost its way? Let it return again to the faith of its youth. This faith is found at its best in the lives and writings of great leaders who have quickened and purified the national spirit.

National Council for the Social Studies, 1968, 417p.

Political Writings of Thomas Paine: Volumes 1 and 2

By Thomas Paine

Thomas Paine's Political Writings Volumes 1 and 2 are a comprehensive collection of his most influential works, reflecting his pivotal role in the American and French Revolutions. These volumes include seminal texts such as Common Sense, The Rights of Man, and The Age of Reason, among others.

Volume 1 primarily covers Paine's early writings, including his famous pamphlet Common Sense, which powerfully argued for American independence from Britain. This volume also includes his series of essays titled The American Crisis, written during the Revolutionary War to inspire the American troops.

Volume 2 continues with Paine's later works, focusing on his contributions to political philosophy and his advocacy for social reforms. This volume includes The Rights of Man, in which Paine defends the French Revolution and argues for natural rights and democratic government. It also features The Age of Reason, in which Paine critiques organized religion and promotes deism.

Together, these volumes offer a thorough insight into Paine's revolutionary ideas and his enduring impact on political thought.

Thomas Paine's writings are rich with several recurring themes that reflect his revolutionary spirit and commitment to social justice. Here are some of the main themes:

1. Liberty and Independence: Paine passionately advocated for the independence of the American colonies from British rule. In "Common Sense," he argued that it was both a natural right and a practical necessity for the colonies to break free from British tyranny.

2. Rights of Man: Paine believed in the inherent rights of individuals. In "The Rights of Man," he defended the French Revolution and argued that all men are born with natural rights that should be protected by governments.

3. Democracy and Republicanism: Paine was a strong proponent of democratic principles and republican forms of government. He believed that governments should be based on the consent of the governed and that hereditary monarchy was an unjust and outdated system.

4. Social Justice and Equality: Paine's writings often touched on issues of social justice and economic equality. He advocated for progressive taxation, social welfare programs, and the abolition of slavery.

5. Reason and Secularism: In "The Age of Reason," Paine critiqued organized religion and promoted deism, emphasizing the importance of reason and scientific inquiry over religious dogma.

6. Revolution and Change: Paine saw revolution as a necessary means to achieve political and social change. He believed that oppressive systems should be overthrown to establish more just and equitable societies.

These themes collectively highlight Paine's vision for a world where individuals are free, equal, and governed by rational and just principles.

Bulk Surveillance, Democracy and Human Rights Law in Europe: A Comparative Perspective

By Marcin Rojszczak

This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This work examines the origins of untargeted measures, explores their mechanics and key concepts, and defines what distinguishes them from other forms of surveillance. The various elements of the legal safeguards in place, which are fundamental to protecting individuals from the risks of abuse of power, are analysed in detail. The book discusses not only the different standards of legal safeguards, but also gives examples of their implementation in individual European countries. It also examines the relationship between the development of the global data market and untargeted surveillance powers, in particular in the context of the risks associated with algorithmic surveillance, client-side scanning, the privatisation of surveillance – or surveillance as a service – and the increasingly widespread use of preventive content filtering mechanisms. The book will be a valuable resource for academics and researchers working in the areas of law, international relations, public policy, engineering and sociology. It will also appeal to professionals dealing with various aspects of the use of surveillance measures, such as experts, members of the legislature and law enforcement agencies.

London; New York: Routledge, 2025. 290p.

The impact of disinformation on democratic processes and human rights in the world

By Carme COLOMINA, Héctor SÁNCHEZ MARGALEF, Richard YOUNGS

Around the world, disinformation is spreading and becoming a more complex phenomenon based on emerging techniques of deception. Disinformation undermines human rights and many elements of good quality democracy; but counter-disinformation measures can also have a prejudicial impact on human rights and democracy. COVID-19 compounds both these dynamics and has unleashed more intense waves of disinformation, allied to human rights and democracy setbacks. Effective responses to disinformation are needed at multiple levels, including formal laws and regulations, corporate measures and civil society action. While the EU has begun to tackle disinformation in its external actions, it has scope to place greater stress on the human rights dimension of this challenge. In doing so, the EU can draw upon best practice examples from around the world that tackle disinformation through a human rights lens. This study proposes steps the EU can take to build counter-disinformation more seamlessly into its global human rights and democracy policies.

Brussels: European Parliament, Policy Department for External Relations Directorate General for External Policies of the Union, 2021. 84p.

PLATO: TOTALITARIAN OR DEMOCRAT?

MAY CONTAIN MARKUP

Essays Selected and Introduced by Thomas Landon Thorso

Plato explores the captivating enigma of one of the most influential philosophers in history. Plato's ideas continue to shape our understanding of society, politics, and ethics. But was Plato truly an advocate for totalitarian rule, as some argue, or did his vision align more with democratic principles? Delve into this thought-provoking analysis that challenges conventional interpretations and sheds new light on the complex legacy of Plato. Engaging and informative, this book is a must-read for anyone seeking a deeper understanding of the origins of political thought.

PRENTICE-HALL, INC., Englewood Cliffs, N.J.. 1963. 190p.

Inventing America’s First Immigration Crisis Political Nativism in the Antebellum West

By Luke Ritter

"Why have Americans expressed concern about immigration at some times but not at others? In pursuit of an answer, this book examines America’s first nativist movement, which responded to the rapid influx of 4.2 million immigrants between 1840 and 1860 and culminated in the dramatic rise of the National American Party. As previous studies have focused on the coasts, historians have not yet completely explained why westerners joined the ranks of the National American, or “Know Nothing,” Party or why the nation’s bloodiest anti-immigrant riots erupted in western cities—namely Chicago, Cincinnati, Louisville, and St. Louis. In focusing on the antebellum West, Inventing America’s First Immigration Crisis illuminates the cultural, economic, and political issues that originally motivated American nativism and explains how it ultimately shaped the political relationship between church and state. In six detailed chapters, Ritter explains how unprecedented immigration from Europe and rapid westward expansion reignited fears of Catholicism as a corrosive force. He presents new research on the inner sanctums of the secretive Order of Know-Nothings and provides original data on immigration, crime, and poverty in the urban West. Ritter argues that the country’s first bout of political nativism actually renewed Americans’ commitment to church-state separation. Native-born Americans compelled Catholics and immigrants, who might have otherwise shared an affinity for monarchism, to accept American-style democracy. Catholics and immigrants forced Americans to adopt a more inclusive definition of religious freedom. This study offers valuable insight into the history of nativism in U.S. politics and sheds light on present-day concerns about immigration, particularly the role of anti-Islamic appeals in recent elections."

New York: Fordham University Press, 2021. 267p.+