Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights

Edmondo Mostacci

doi:10.1501/Intrel_0000000301

TR EN

Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights

Abstract

The relationship that exists between the law and civil liberties has characterized the development of the same idea of freedom. Whilst in the civil law countries, during the XIX century, the law was considered as the principal means in order to protect the liberties that liberal revolutions had affirmed, in United States the congress was thought as the first menace for individual freedoms. These two approaches illustrate a more general issue: the protection of civil rights needs at the same time two different and potentially contradictory conditions: a The Legislator must actively contribute and adopt regulations that define the individual circle of liberty; b The constitutional system has to control the legislator in order to prevent him from passing legislation that curtails individual freedoms. These needs directly impact the drafting of constitutional provisions that protect liberties and lead its evolution through the nineteenth and the twentieth centuries. Tihs essay investigates this topic firstly through an analysis of the main theories that legal scholarship developed during the last two centuries on the relationship that exists between law and freedom. Secondly, it analyses constitutional drafting in order to examine the concrete relationship that exists between law and liberties in some relevant constitutional experience, from the U.S. Bill of Rights to the EU Charter of fundamental rights

Keywords

Details

Primary Language

English

Subjects

Political Science

Journal Section

Research Article

Authors

Edmondo Mostacci This is me

Publication Date

May 1, 2015

Submission Date

January 1, 2015

Acceptance Date

-

Published in Issue

Year 2015 Number: 46

DOI

https://doi.org/10.1501/Intrel_0000000301

IZ

https://izlik.org/JA95KU44DH

Cite

RIS / Bibtex

APA

Mostacci, E. (2015). Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights. The Turkish Yearbook of International Relations, 46, 47-89. https://doi.org/10.1501/Intrel_0000000301

AMA

1.Mostacci E. Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights. The Turkish Yearbook of International Relations. 2015;(46):47-89. doi:10.1501/Intrel_0000000301

Chicago

Mostacci, Edmondo. 2015. “Law, Liberties, and Their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights”. The Turkish Yearbook of International Relations, nos. 46: 47-89. https://doi.org/10.1501/Intrel_0000000301.

EndNote

Mostacci E (May 1, 2015) Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights. The Turkish Yearbook of International Relations 46 47–89.

IEEE

[1]E. Mostacci, “Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights”, The Turkish Yearbook of International Relations, no. 46, pp. 47–89, May 2015, doi: 10.1501/Intrel_0000000301.

ISNAD

Mostacci, Edmondo. “Law, Liberties, and Their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights”. The Turkish Yearbook of International Relations. 46 (May 1, 2015): 47-89. https://doi.org/10.1501/Intrel_0000000301.

JAMA

1.Mostacci E. Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights. The Turkish Yearbook of International Relations. 2015;:47–89.

MLA

Mostacci, Edmondo. “Law, Liberties, and Their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights”. The Turkish Yearbook of International Relations, no. 46, May 2015, pp. 47-89, doi:10.1501/Intrel_0000000301.

Vancouver

1.Edmondo Mostacci. Law, Liberties, and their Relationships: The Development of a Controversial Issue from the U.S. Bill of Rights to the EU Charter of Fundamental Rights. The Turkish Yearbook of International Relations. 2015 May 1;(46):47-89. doi:10.1501/Intrel_0000000301