Source/Freedom of Association: Difference between revisions
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===Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?=== | ===Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?=== | ||
===What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right?=== | ===What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right?=== | ||
==Culture and Politics== | |||
===Is this right interpreted and exercised in different ways in different countries? Focus on particular countries in which the right is interpreted distinctively=== | |||
===Is this right exercised in different ways depending on the political governance regime in place (democracy, autocracy, hybrid regime)?=== | |||
===Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)?=== | |||
===Does public polling reveal insights about the right as experienced in different countries?=== | |||
==Conflicts with other Rights== | |||
===Are there other specific fundamental rights that tend to conflict with this right? Can you identify specific examples of this?=== | |||
===Are there other specific rights that are critical to the exercise of this right? Can you identify specific examples of this?=== | |||
===Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights?=== | |||
===What specific examples of hierarchies, manifestos, constitutions, or prioritized descriptions of rights cite this right’s high status? Low status? No status at all?=== | |||
===How does federalism change, if at all, the exercise or application of this right? What examples of this can one point to?=== | |||
==Limitations / Restrictions== | |||
===What are the typical exceptions or limitations placed on this right?=== | |||
===Under American jurisprudence, what permissible exceptions exist?=== | |||
===Under international human rights laws, what permissible exceptions (often called derogations) exist?=== | |||
===Have political theorists or philosophers discussed the permissibility of exceptions to this right?=== | |||
===Should this right be limited when limiting it would jeopardize democratic norms?=== | |||
===Is this right often perceived as threatening to government authorities?=== | |||
===Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?=== | |||
===Is this right at times curtailed by private actors?=== | |||
===Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?=== | |||
==Utilitarian / Fairness Assessments== | |||
===Is there a cost attached to protecting and enforcing this right? What kinds of costs are implicated?=== | |||
====Short-term economic cost in general==== | |||
====Long-term economic cost in general==== | |||
====Cost to those least able to economically absorb the cost==== | |||
====Cost to perceived democratic legitimacy==== | |||
====Cost to consistency or coherence of the law as a whole==== | |||
====Cost to the legitimacy or effectiveness of other rights==== | |||
====Cost to considerations of social equality==== | |||
====Cost to other non-material goods not so far specified==== | |||
===What are the financial consequences, if any, of making this right a legally protectable right?=== | |||
===Are there any groups that are uniquely disadvantaged by the exercise of this right?=== | |||
===Are there any groups that uniquely benefit from the exercise of this right?=== | |||
===Are there instances when this fundamental right can lead to unfairness or inequities?=== | |||
===Are there objective ways to measure the utilitarian nature of this right?=== | |||
===If so, where can one draw the line: when does this right stop being useful or economically viable?=== | |||
==Looking Ahead== | |||
===How can we expect this right to change and evolve in the years ahead?=== | |||
===How is the future likely to shape the exercise of this right?=== | |||
===Will the exercise or protection of this right be affected by technological changes?=== | |||
===Under what conditions would this right become irrelevant?=== | |||
===Are questions of fairness and utility pertaining to this right likely to change in the years ahead?=== | |||
==Policy Recommendations== | |||
===Can the practice or exercise of this right be shaped through executive action?=== | |||
===In the US context, are there particular parties with a stake or interest in amending or reconceptualizing this right?=== | |||
===In the US context, can this right be altered legislatively, or would it require a constitutional amendment?=== | |||
===Is this right best addressed at the national level? The sub-national level? The international level?=== | |||
===To what extent is this right shaped primarily by judicial decisions?=== | |||
===If this right is best addressed through the amendment process, how should it proceed?=== | |||
===If this right were unlimited, what might be the consequences (positive and negative)?=== | |||
===If this right were eliminated, what might be the consequences (positive and negative)?=== | |||