A Theory of Constitutional Rights
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Theory of Constitutional Rights by Robert Alexy
Book DescriptionIn 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, available now for the first time in English reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides 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 new postscript written for the English 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 under the British Constitution. This book will be of central interest to all legal and constitutional theorists and human rights scholars.
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Book DetailsISBN: 9780198258216
(242mm x 162mm x 32mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 29-Aug-2002
Country of Publication: United Kingdom
Books By Author Robert Alexy
Argument from Injustice, Paperback (December 2009)
Alexy confronts the legal positivist view in this classic work of legal philosophy. He formulates an accessible concept of law that systematically links classical elements of legal positivism with nonpositivistic legal theory, challenging the prevailing orthodoxies of modern jurisprudence.
Theory of Legal Argumentation, Paperback (December 2009)
Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.
Theory of Constitutional Rights, Paperback (December 2009)» View all books by Robert Alexy
This classic work of constitutional theory analyzes the general structure of constitutional rights and their judicial application. It deals with a wide range of problems common to all systems of constitutional rights review - from balancing rights to deciding the limits of their scope.
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Author Biography - Robert Alexy
Julian Rivers was appointed Lecturer in Law at the University of Bristol after studying at the University of Cambridge and the University of Gottingen. This is his first book.
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