District of Columbia v. Heller - Završení evoluce doktrinálních přístupů k interpretaci druhého dodatku americké Ústavy?
Title in English | District of Columbia v. Heller - Will it be a culmination of evolution of the Second Amedment's interpretation doctrines? |
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Authors | |
Year of publication | 2008 |
Type | Article in Proceedings |
Conference | Europeanization of the National Law, the Lisbon Treaty and Some Other Legal Issues |
MU Faculty or unit | |
Citation | |
Web | http://www.law.muni.cz/edicni/sborniky/cofola2008/files/pdf/Conference_proceedings.pdf |
Field | Law sciences |
Keywords | The Right to Keep and Bear Arms; Incorporation Doctrine; Right of Individual; Well Regulated Militia; Second Amendment; Fourteenth Amendment; Due Process Clause; Privileges or Immunites Clause |
Description | The author of this article is pointing out the difficulties of interpreting the Second Amendment of the American Constitution. While analyzing Second Amendment text, he emphasizes many historical connections related to this Amendment including the meaning of incorporation doctrines. Essential part of this article is dedicated to Second Amendment cases and evolution of protection of these rights. Last but not least, the author focuses on theoretical and philosophical approach to the Second Amendments rights and on political aspects of the right to keep and bear arms. He also pinpoints the differences between American and European approach to this issue. |