Search Results for "a-theory-of-constitutional-rights"

A Theory of Constitutional Rights

A Theory of Constitutional Rights

  • Author: Robert Alexy,Julian Rivers
  • Publisher: Oxford University Press, USA
  • ISBN: 0199584230
  • Category: Law
  • Page: 462
  • View: 9625
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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.

A Theory of Constitutional Rights

A Theory of Constitutional Rights

  • Author: Robert Alexy
  • Publisher: Oxford University Press
  • ISBN: 9780198258216
  • Category: Law
  • Page: 462
  • View: 1980
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This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues forits applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

Democracy and Distrust

Democracy and Distrust

A Theory of Judicial Review

  • Author: John Hart Ely
  • Publisher: Harvard University Press
  • ISBN: 9780674196377
  • Category: Law
  • Page: 268
  • View: 3633
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Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. --from publisher description.

General Theory of Law and State

General Theory of Law and State

  • Author: Hans Kelsen
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584777176
  • Category: Law
  • Page: 516
  • View: 5861
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Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

The Global Model of Constitutional Rights

The Global Model of Constitutional Rights

  • Author: Kai Möller
  • Publisher: OUP Oxford
  • ISBN: 0191642185
  • Category: Law
  • Page: 240
  • View: 2722
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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.

A Theory of Legal Argumentation

A Theory of Legal Argumentation

The Theory of Rational Discourse as Theory of Legal Justification

  • Author: Robert Alexy,Ruth Adler,Neil MacCormick
  • Publisher: Oxford University Press, USA
  • ISBN: 9780199584222
  • Category: Law
  • Page: 323
  • View: 6082
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What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.

Caribbean Integration Law

Caribbean Integration Law

  • Author: David S. Berry
  • Publisher: OUP Oxford
  • ISBN: 0191649163
  • Category: Law
  • Page: 512
  • View: 5526
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Caribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.

The Oxford Handbook of Comparative Constitutional Law

The Oxford Handbook of Comparative Constitutional Law

  • Author: Michel Rosenfeld,András Sajó
  • Publisher: Oxford University Press
  • ISBN: 0199578613
  • Category: Law
  • Page: 1396
  • View: 7630
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The field of comparative constitutional law is vast and diverse, international and interdisciplinary. The first single source of reference on the topic, the entries in Handbook are written by leading authorities and discuss the most important subjects in the field, covering the history and development of the discipline, core concepts, structure and interpretations, institutions, rights, and emerging trends. It is an invaluable resource for everyone in the field.

The Influence of American Theories of Judicial Review on Nordic Constitutional Law

The Influence of American Theories of Judicial Review on Nordic Constitutional Law

  • Author: Ragnhildur Helgadóttir
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004150021
  • Category: Religion
  • Page: 285
  • View: 5535
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This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present. The study describes how Nordic scholars in the late 19th century rationalized judicial review based on American theory and how American law influenced both their views of the institution and their way of thinking about substantive constitutional rights. These views in turn influenced Nordic jurisprudence for decades.

A Theory of Deference in Administrative Law

A Theory of Deference in Administrative Law

Basis, Application and Scope

  • Author: Paul Daly
  • Publisher: Cambridge University Press
  • ISBN: 1139536990
  • Category: Law
  • Page: N.A
  • View: 9091
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In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of administrative law in different contexts. Based on a comparative theoretical analysis of the allocation of authority between the organs of government, A Theory of Deference in Administrative Law provides courts with a methodology to apply no matter how complex the subject matter. The firm theoretical foundation of deference is fully exposed and a comprehensive doctrine of curial deference is developed for application by courts in judicial review of administrative action. A wide scope is urged, spanning the whole spectrum of government regulation, thereby ensuring wide access to public law remedies.