556 research outputs found
Sort by
An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future
Get PDF
The Eleventh Circuit Dreadlocks Ban and the Implications of Race Discrimination in the Workplace
Get PDFSex Reassignment Surgery & the New Standard of Care: An Analysis of the Role the Federal Court System, the States, Society, and the Medical Community Serve in Paving the Way for Incarcerated Transgendered Persons\u27 Constitutional Right to a Sex Change
Get PDFThe Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies
Get PDFThe Earth\u27s Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere
Get PDFExpanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations
Jury of My Peers : The Significance of a Racially Representative Jury for Juveniles in Adult Court
Get PDFRevolutionary Disobedience
Get PDFOver the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed to terminate the authority relationship between them, signifying a state of exception, which deviates from the juridical norm. Contrary to traditional civil disobedience, which reveals the unjust nature of a particular law or policy, thereby fostering constitutional changes if the government so allows, in a case of revolutionary disobedience the people directly announce their presence to oust the government from office and even reshape the constitutional order as well as create a new state. It is an exertion of popular sovereignty, reengaging the people in the collective authorship of the sovereign will. Hence, an act of revolutionary disobedience is an exercise of self-determination and is inherently democratic.
In this Article, I construct a theory of revolutionary disobedience and analyze its correlation with the people (nation), the constitution, the state, and the democratic boundary problem. The theory is further developed with the highlight of two political disobedience movements: the Indian Independence Movement and the Umbrella Movement of Hong Kong. The study exposes the limits of conventional civil disobedience and showcases the ground-breaking role for revolutionary disobedience for constitutional creation. Defending that Hongkongers are a people, I suggest that they can invoke revolutionary disobedience as a direct course of action to engage themselves in the higher law-making of the land and forfeit the authority of the government. The final section offers a reply to the Hong Kong Bar Association, which has accused the last phase of the Umbrella Movement of damaging the rule of law. I make a rebuttal to such contention and further analyze how revolutionary disobedience is perfectly compatible with the rule of law