A Theory of Constitutional Rights by Robert AlexyA Theory of Constitutional Rights by Robert Alexy

A Theory of Constitutional Rights

byRobert AlexyTranslated byJulian Rivers

Paperback | January 15, 2010

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In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights,judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing soprovides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for theEnglish edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights underthe British Constitution. This book will be of central interest to all legal and constitutional theorists and human rights scholars.
Robert Alexy has been Professor of Public Law and Legal Philosophy at Christian Albrechts University, Kiel, since 1986. He was President of the German Section of the International Association for Philosophy of Law and Social Philosophy (IVR) from 1994-1998. Other books published by OUP include A Theory of Constitutional Rights and th...
Title:A Theory of Constitutional RightsFormat:PaperbackDimensions:506 pages, 9.21 × 6.14 × 0 inPublished:January 15, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199584230

ISBN - 13:9780199584239

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Table of Contents

PrefaceJulian Rivers: A Theory of Constitutional Rights and the British Constitution1. Robert Alexy: The Content and Purpose of a Theory of Constitutional Rights2. The Concept of a Constitutional Rights Norm3. The Structure of Constitutional Rights Norms4. Constitutional Rights as Subjective Rights5. Constitutional Rights and Legal Status6. The Limits of Constitutional Rights7. The General Right to Liberty8. The General Right to Equality9. Rights to Positive State Action10. Constitutional Rights and Constitutional Rights Norms in the Legal SystemPostscript

Editorial Reviews

"... provides a series of challenging arguments that draw together fine theoretical developments with a clear analysis of the German case law. Undoubtedly, it constitutes a building block of every serious discussion on constitutional rights and everyone who is interested in these issuesshould compare his views with Alexy's. His subtle analytical distinctions would shed much light over utterly obscure issues such as horizontality, proportionality, scope, and limits of rights. Moreover, a British audience puzzled by the role of a new Bill of Rights would find much relief from acomparative insight on questions of rights. The strength of this book is that it provides a sound framework for initiating a discussion on constitutional rights." --International and Comparative Law Quarterly 24/02/2004