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Research On Legal Regulation On Freedom Of American Association

Posted on:2009-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:J L JiaFull Text:PDF
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Freedom of association is one of a citizen's basic political freedoms recognized by all the constitutions of the world. especially, after the Second World War, rights to freedom of association has been regarded as the basic system to protect human rights recognized by the international conventions on human rights. This paper focus on three basic aspects of freedom of association ,the basic theory of association, freedom of association of America and the features of freedom of association of political parties .This paper is divided into three parts, the first part is the basic theory. It explains to us the basic meaning of freedom of association ,presents the classical liberal theory of societies, modern Communitarianism and social autonomy theory. Meanwhile it also analizes the international trend of freedom of association. The second part describes the freedom of association in the USA. It describes the constitutional source of freedom of association and the four characteristics: the limitless and checks and balances of political freedom of association,the universal and scale of association, the confrontation and adaptability of freedom of association and the traditional and autonomy of freedom of association. the freedom of association of American political parties has four features: the two-party system still goes forward in the struggle and promise, political parties keep balance in radical and conservative,third parties make progress though been caught in,organizational structure keep balance between loose and ordination,Party members act in self in relaxation and flexibility. In the United States, freedom of association of political parties is not only tied tothe autonomy of social rights and absolutely free of public, but transmit talent and the concept of governing the country. No political unlimited freedom of association is a very difficult to achieve this goal. The absolute freedom of association of American political parties is extremely unusual of the world. It guarantees a citizen's personal rights and political freedom,and it is the expression of mainstream of American society and the pragmatism concept. It also maintain the country's peace, stability and prosperity. In shorts ,the freedom of association in America ,especially the freedom of association of political parties is of great importance to the protection of citizen basic rights and freedoms,to safeguarding the autonomy and social progress in the institutionalization era of human rights. The third part introduce some judiciary cases in practice ,especialy the first judiciary case on Federal Supreme court. It undoubtedly have important practical significance and rational insight.
Keywords/Search Tags:Freedom of association, Freedom of association of political parties, Societies, Social autonomy, Warren court
PDF Full Text Request
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