The Quest for Rights: Ideal and Normative Dimensions

Administrative / Constitutional Law

The Quest for Rights: Ideal and Normative Dimensions

Edited by Massimo La Torre · Leone Niglia · Mart Susi
Edward Elgar Publishing August 2019

Specifications

ISBN-13
9781788971768
Publisher
Edward Elgar Publishing
Publication
August 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law.

What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both “ideal” and “critical” perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding ‘normative’ perspective seeks to investigate the broader legal domains of the topic.

This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike.

Table of Contents

Introduction
Massimo La Torre, Mart Susi and Leone Niglia
1. A Non-Positivistic Concept of Constitutional Rights
Robert Alexy
2. Radbruch’s Formula and Human Rights
Martin Borowski
3. The Practice-Independency of Human Rights
Luís Pereira Coutinho
4. Constitutional Rights as Moral Judgments
Pavlos Eleftheriadis
5. A Response to Estonian Critics of Principles Theory
Madis Ernits
6. How Right is the Basis of Law
Matthias Kaufmann
7. Turning proportionality upside down: from legitimising principle to critical tool
Agustín José Menéndez
8. Human Rights aren’t Universal and can’t be Natural
Rein Müllerson
9. Between “Institutionalizing Reason” and Private Law: A Comparative Map of Influences
Leone Niglia
10. Balancing fundamental rights in the Internet – proportionality paradigm and private online capabilities
Mart Susi
11. An Existential Foundation for Human Rights— Meaning Before Justification
Massimo La Torre
12. Principles and policies: once more
Kaarlo Tuori
Index
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