The Global Model of Constitutional Rights

Nonfiction, Reference & Language, Law, Religion & Spirituality, Philosophy, Social & Cultural Studies, Political Science
Cover of the book The Global Model of Constitutional Rights by Kai Möller, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Kai Möller ISBN: 9780191642180
Publisher: OUP Oxford Publication: October 25, 2012
Imprint: OUP Oxford Language: English
Author: Kai Möller
ISBN: 9780191642180
Publisher: OUP Oxford
Publication: October 25, 2012
Imprint: OUP Oxford
Language: English

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy; a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The book concludes by demonstrating a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy; a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The book concludes by demonstrating a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.

More books from OUP Oxford

Cover of the book Shakespeare's Originality by Kai Möller
Cover of the book The Religious Lives of Older Laywomen by Kai Möller
Cover of the book Political Thought and International Relations by Kai Möller
Cover of the book Essays on Ethics and Feminism by Kai Möller
Cover of the book Concentrate Questions and Answers EU Law by Kai Möller
Cover of the book Agamemnon in Performance 458 BC to AD 2004 by Kai Möller
Cover of the book Infertility by Kai Möller
Cover of the book Discerning the Good in the Letters & Sermons of Augustine by Kai Möller
Cover of the book In Search of the Way by Kai Möller
Cover of the book Oxford Handbook of Critical Care Nursing by Kai Möller
Cover of the book Criminal Justice: A Very Short Introduction by Kai Möller
Cover of the book The Oxford Handbook of International Organizations by Kai Möller
Cover of the book Oxford Desk Reference: Cardiology by Kai Möller
Cover of the book In Whose Name? by Kai Möller
Cover of the book A Practical Approach to Planning Law by Kai Möller
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy