The Impasse of Constitutional Rights

Name: The Impasse of Constitutional Rights
Brand: Cambridge University Press
SKU: 9781009009645
Price: 226.98 HKD
Availability: InStock
Author: Jacob Weinrib
ISBN: 9781009009645

By Jacob Weinrib

Cambridge University Press March 2025

Specifications

ISBN-13: 9781009009645
Publisher: Cambridge University Press
Publication: March 2025
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of constitutional rights that share the same defects. This Element develops the alternative idea that rights-based constitutional order has its own distinctive moral project, which consists in rendering public authority accountable to the inherent rights of each legal subject. Taking this project seriously requires reconceiving the basic building blocks of rights-based constitutional order: justification, purposive interpretation, and proportionality. The resulting account both escapes the impasse to which the leading contemporary theories of constitutional rights succumb and expounds the normative connection between rights-based constitutional order and its most fundamental doctrines.

1. The impasse

2. Constitutional justification

3. The scope of rights

4. The strength of rights

5. Conclusion

References

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