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Fundamental Rights: Justification and Interpretation

Fundamental Rights: Justification and Interpretation

Author: Kenneth Einar Himma; Bojan Spaic
Publisher: Eleven International Publishing
ISBN: 9789462366565
Published In: October 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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The notion of fundamental rights is one of the most important topics of our times. Strident controversies concerning the content of fundamental rights have increased worldwide, sometimes degenerating into violent conflicts. Yet legal and political theorists have so far paid insufficient attention to these controversies.

This collection of essays by internationally renowned scholars is a salutary first step in the direction of resolving these disputes. The essays discuss many urgent problems concerning fundamental rights, including how such rights can be philosophically explained; how fundamental and human rights are related; how fundamental constitutional rights protecting minorities from oppression can be justified; and how constitutional human rights provisions can be implemented and applied.

The authors hope to contribute to solving the disputes on fundamental rights through intellectual consensus rather than violence. As the contributions - while written with rigor and nuance - are highly accessible to the lay reader, this volume will be of interest both to an academic as well as a general audience.

1. Introduction: Fundamental Rights

Part I Foundation and Justification of Fundamental Rights

2. Human Rights - Universality and Context-Sensitive Implementation

3. Individualism and Collectivism in the Foundation of Group Rights

4. Why Do We Need Fundamental Rights, Not Only in Practice, but Also in Theory?

Part II Constitutional Rights as Fundamental Rights

5. Constitutional Rights and Constitutional Review

6. Modern Constitutionalism and Social Values

7. Structuring Addressees in Fundamental Rights Norms: An Application

Part III The Curious Case of Religious Freedom as a Fundamental Constitutional Right

8. On the Justification of Fundamental Constitutional Rights

9. Protecting Freedom of Conscience and Religious Freedom in a Constitutional State: Two Varieties of Conscientious Objection