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The Global Model of Constitutional Rights
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The Global Model of Constitutional Rights Paperback - 2015

by Kai Moller


From the publisher

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also 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.

Details

  • Title The Global Model of Constitutional Rights
  • Author Kai Moller
  • Binding Paperback
  • Pages 240
  • Volumes 1
  • Language ENG
  • Publisher Oxford University Press (UK)
  • Date 2015-03-15
  • ISBN 9780198738077 / 0198738072
  • Weight 0.8 lbs (0.36 kg)
  • Dimensions 9.1 x 6.1 x 0.6 in (23.11 x 15.49 x 1.52 cm)
  • Themes
    • Interdisciplinary Studies: Law Studies
  • Dewey Decimal Code 342.085

About the author


Kai Mller, Lecturer in Law, London School of Economics and Political Science Kai Mller 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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The Global Model of Constitutional Rights
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The Global Model of Constitutional Rights

by Kai Moller

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The Global Model of Constitutional Rights

The Global Model of Constitutional Rights

by Kai Moller

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9780198738077
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Paperback / softback. New. The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.
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NZ$88.79
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The Global Model of Constitutional Rights
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The Global Model of Constitutional Rights

by Kai Moller

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ISBN 10
0198738072
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Oxford University Press OUP , pp. 248 . Papeback. Used.
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The Global Model of Constitutional Rights (Oxford Constitutional Theory)
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The Global Model of Constitutional Rights (Oxford Constitutional Theory)

by Möller, Kai

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9780198738077
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0198738072
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