Format:
1 Online-Ressource (viii, 231 Seiten)
,
digital, PDF file(s)
ISBN:
9780511691867
Content:
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level
Note:
Title from publisher's bibliographic system (viewed on 05 Oct 2015)
,
Constitution as activity -- Received approach to the limitation of rights -- Challenging the age of balancing -- Constituting rights by limitation -- Democratic activity of limiting rights -- Justifying rights in a free and democratic society.
Additional Edition:
ISBN 9780521111232
Additional Edition:
ISBN 9781107411845
Additional Edition:
Print version ISBN 9780521111232
Additional Edition:
Erscheint auch als Druck-Ausgabe Webber, Grégoire C. N., 1979 - The negotiable constitution Cambridge [u.a.] : Cambridge University Press, 2012 ISBN 9781107411845
Language:
English
Subjects:
Law
Keywords:
Grundrecht
;
Beschränkung
DOI:
10.1017/CBO9780511691867
URL:
Volltext
(lizenzpflichtig)
Author information:
Webber, Grégoire C. N. 1979-
