Möller The Global Model of Constitutional Rights
Buch, Englisch, Reihe: Oxford Constitutional Theory
240 Seiten, Kartoniert, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 371 g
Erscheinungsjahr 2015,
240 Seiten, Kartoniert, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 371 g
Reihe: Oxford Constitutional Theory
ISBN: 978-0-19-873807-7
Verlag: Oxford University Press(UK)
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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. 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.
Moller, Kai
Kai Möller is a Lecturer in Law at the London School of Economics and Political Science. His previous positions include a Junior Research Fellowship and a Lectureship in Jurisprudence at Lincoln College, Oxford.
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. 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.
Moller, Kai
Kai Möller is a Lecturer in Law at the London School of Economics and Political Science. His previous positions include a Junior Research Fellowship and a Lectureship in Jurisprudence at Lincoln College, Oxford.
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