The Morality of Consent

Bickel, Alexander M.

doi:10.2307/1228132

Cited by 26 publications

(7 citation statements)

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“…The opponents were led by Felix Frankfurter, who waged a challenge for balancing and against absolutists, especially in the area of constitutional law in Bridges v. California (1951) and Beauharnais v. Illinois (1952) (Sunstein, , p. 7). Frankfurter and others, such as Robert Bork () and Alexander Bickel (), believe that balancing is a healthy and even an inevitable part of a sensible system of free speech. Judges should take into account the various conflicting interests that are inevitably at stake.…”

Section: Theories On National Security and Free Speechmentioning

confidence: 99%

Balancing Freedom of Speech and National Security in Malaysia

Sani¹

2013

Asian Politics and Policy

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This article examines the essential need to balance freedom of speech and the promotion of national security in Malaysia. It traces the theoretical debate of the nexus of liberty and security. Then it moves toward debating two perspectives of free speech, namely, absolutism and reasonable regulation, which can also be observed in Malaysia. It is argued that the Barisan Nasional government practices comprehensive security and favors national security too much. It limits free speech through several restrictive laws. Critics argue that in reality the restrictions enable the longevity of the regime in power. Therefore, the opposition, civil society, and the Malaysian Human Rights Commission (SUHAKAM) demand political reform to permit people to practice more free speech. Due to such pressure, the ruling government has introduced the National Transformation Policy (2011–2020), which is yet to be fully implemented. There is doubt as to whether a balance between freedom of speech and national security can be realized.

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Section: Theories On National Security and Free Speechmentioning

confidence: 99%

Balancing Freedom of Speech and National Security in Malaysia

Sani¹

2013

Asian Politics and Policy

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“…To deny this idea is in the most fundamental sense to deny the idea of law itself. (Bickel 1975, 75) 5…”

Section: The Realm Of Presidential Powermentioning

confidence: 99%

The Law: George Bush as Commander in Chief: Toward the Nether World of Constitutionalism

Adler

2006

Pres Stud Q

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The Bush administration has advanced an expansive conception of the Commander‐in‐Chief Clause that has launched presidential power on a trajectory toward the realm of illimitable and unaccountable power, the nether world of American constitutionalism. President Bush would ascribe to the commander in chief powers that were never possessed by the president when the post was incorporated into the Constitution, and which may not be engrafted by a theory of a presidential revisory power. This essay contends that President Bush's claims, which find no foundation in the values, goals, and concerns that shaped the clause, represent a profound threat to constitutional government and republican values.

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“…38 This tying of the vote to citizenship status might rather be seen, in Alexander Bickel's words, as an "aberrant departure" from basic principles in which alienage is not a tolerable basis for discrimination and where voting is a fundamental right. 39 From the vantage point of the "cosmopolitan germ" of personhood, attempts to fortify a zone of citizen privilege appear not simply insupportable, given the meaning of suspectness and the importance of the vote, but something more: the reflex of an "atavistic sense that aliens are different, that citizenship does make a difference." 40 Once set in motion, the expansionary drive of the status of personhood does not end with the dismantling of gradations between citizens and resident aliens, but also brings the exclusion of aliens, the primary forum for closure, under scrutiny and raises the issue of justice not toward the "guest who stays" but toward the outsider seeking admission.…”

Section: Law As a Guide To Justice And Alienagementioning

confidence: 99%

Foreigners: Insiders, Outsiders and the Ethics of Membership

Booth¹

1997

Rev Pol

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Questions of exclusion, membership and the status of resident foreigners press upon liberal political thought and society with a particular sharpness, given the universalist underpinnings of the liberal commitment. How within the horizon of liberalism and rights discourse are we to think of the foreigner? The article suggests some reasons why we should consider suspect the cluster of notions surrounding alienage and sketches why the moral salience of the foreignness of these outsiders at our door and present among us has diminished, and thus brought under scrutiny our traditional comportment toward them. But it is not so much intended here to seek a resolution of these issues as to motivate a cluster of questions, to argue for their importance and to show the inadequacy of the treatment of them that we have inherited.

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The Morality of Consent

Cited by 26 publications

References 0 publications

Balancing Freedom of Speech and National Security in Malaysia

Balancing Freedom of Speech and National Security in Malaysia

The Law: George Bush as Commander in Chief: Toward the Nether World of Constitutionalism

Foreigners: Insiders, Outsiders and the Ethics of Membership

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