The Global Model of Constitutional Rights

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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.

INFORMACIÓN ADICIONAL

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.

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The Global Model of Constitutional Rights by Kai Moller, Paperback | Barnes & Noble®

Table of Contents 1. Negative and Positive Freedom 3. Two Conceptions of Autonomy 4.

Ecuador Constitution- Rights of Nature

Balancing 7. Proportionality 8. See All Customer Reviews. Shop Books. Read an excerpt of this book! Add to Wishlist. USD Sign in to Purchase Instantly. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality. The Global Model of Constitutional Rights is a must-read for all those interested in the moral justification of human rights law and constitutional theory.

Law & Ethics of Human Rights

Its highly accessible language will make it readable for students and seasoned academics alike. Also an attractive read for those political and legal theorists who wish to continue exploring the liberal preoccupation with how to enhance individual freedom. Moeller's book comes at a crucial juncture in the global debate on constitutionalism and makes a distinguished contribution to it.

The project comes out as integrative, monistic, and foundationalist simultaneously. Added to basket. Legal Skills. Emily Finch. Henry Dillon. Court Number One. Thomas Grant.


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    Les mer. Om boka 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.

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