Law 5110 Study Guide - Quiz Guide: Soft Law, Transitional Justice, Amartya Sen
Document Summary
Nowadays torture is used by state for offenders to get information. Freedom rights freedom rights: - are mostly negative. Create sphere of autonomy for indiv. in which state may not intervene (freedom of conscience, religion, speech, movement, right of privacy) Almost all allow for limitations when public good is at stake (einsatz) (banning tv programs for minors, ) Freedom rights (have all historical backg. ) right to property: - an other freedom right, where state may not interfere. Is guarantee for existence of some system of property. Makes possible to transfer ones own property expropriation: - state may take property, but must compensate fair (enteignung) State will have to pay a fair price for what is being expropriated political rights: - right to vote. And freedom rights overlap because the freedoms of conscience, speech and assembly have critical political dimensions. The importance of freedom of rights is given by courts when they are exercised in a political context.
