CEU Electronic Theses and Dissertations, 2024
| Author | Ramanathan, Vignesh |
|---|---|
| Title | The Nature Of A Well-Tempered Right: Examining Precedents, Statutes, And Constitutional Frameworks On Right To Arms In India And United States |
| Summary | The motivation of this paper comes from a thought that, as showcased throughout history, tyrannical regimes have often led the charge against the benign ownership of weapons as means securing the subjugation of their subjects. Today as the debates surrounding weapon-regulations and their constitutional validity rage around the world, we still have no guarantee that as to whether upon the collapse of a constitutional system or on a mutiny, the rights of an individual would still be protected. Thus, it shall be argued that the right to arms is one that secures a symbolic protection against systematic political & cultural oppression, yet provides individual protection and safety guarantees throughout such turbulent times. In this attempt, Part I of the paper describes what is the nature of a ‘well-tempered’ right, and the conception of the right to bear arms in two frameworks: The right to Keep Arms (A Customary Rights) and The right to carry Arms (A Civil Liberty). Part II compares how US and India recognise the ‘Right to Keep Arms’ differently and Part III discusses the ‘The right to Carry Arms,’ in a similar manner. Part VI analyses how the right can be viewed as ‘well-tempered’ right, in an enumerated right jurisdiction (US) and unenumerated right jurisdiction (India), and suggest design framework on how such a right may be well-tempered. |
| Supervisor | Decloedt, Matthew |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/ramanathan_vignesh.pdf |
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