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This article examines the dynamics of domestic legislatures' application of international human rights law. Specifically, this article asks the following: What factors shape how domestic legislatures apply international human rights law while they enact national law and policy? Lawmakers have a variety of motives for invoking and deliberating international law. Given these motives, the article identifies two factors — civil society actors and legal experts and the flexibility of international law — that are likely to contribute to if and how national legislatures interpret and apply international human rights law while legislating. These factors are examined through case studies on religion in schools in the United Kingdom, Germany, and France. This article argues civil society actors and legal experts and the flexibility of international law inform lawmakers' estimation of political costs related to compliance and thus how they apply international human rights law to domestic legislation.  相似文献   

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《Society》1996,33(6):75-80
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Liebschutz  Sarah F. 《Publius》1984,14(3):85-98
The Job Training Partnership Act of 1982 (JTPA) and the SurfaceTransportation Assistance Act of 1983 (STAA) were intended inpart to stimulate the American economy out of recession. Eachlaw embodied a different approach to that goal and, hence, poseddifferent implementation challenges to the states. JTPA wasintended to decentralize decisionmakingand administration tothe states, and to in volve the private sector in state andlocal decisionmaking processes. Moreover,the level of federalaid was reduced below that available under its predecessor,the Comprehensive Employment and Training Act (CETA). STAA wasintended to inject increased federal funds for rebuilding roadsand highways. Its stipulation that states bring their standardsfor truck dimensions and routes into line with new nationalstandards was a centralizing feature of the legislation. Inexamining responses of the states in 1983 to these laws, particularlyNew York, decentralization appeared to be on track in the earlyimplementation of JTPA. The level of involvement of governorsand, to a lesser extent, legislatures was higher than underCETA. The implementation of STAA revealed both decentralizingand centralizing features at work. Participation of the NewYork legislature in deciding how the increased highway fundswere to be spent was much higher than before STAA, but conflictsbetween the national and state governments over the new nationalstandards were resolved in favor of the national government.  相似文献   

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Gouda  Moamen  Gutmann  Jerg 《Public Choice》2021,186(3-4):243-265
Public Choice - This study examines the effects of formal institutions, specifically constitutions that prescribe Sharia law as a source of legislation, on discrimination against religious...  相似文献   

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The continuing convergence of immigrants on New York City is a puzzle. On the one hand, the decline of the city's manufacturing sector and the growth of advanced services appear to provide little demand for immigrant labor; on the other hand, the deep penetration of immigrants into the city's economy has been paralleled by a deteriorating employment situation among native blacks. This article, seeks to unravel this puzzk in the light of two conflicting perspectives, the restructuring and the replacement labor hypotheses. The paper assesses each perspective using data from the 1970 and 1980 Censuses of Population and merged sampks of the June 1986 and 1988 Current Population Surveys.  相似文献   

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