Overview
- Explores a uniquely sophisticated framework for arguing conflicts between fundamental rights
- Offers keys to apply the leading theory of fundamental rights adjudication in Germany to any other European jurisdiction
- Offers a theoretically informed account of the UK Human Rights Act and the Charter of Fundamental Rights of the European Union
Part of the book series: Law and Philosophy Library (LAPS, volume 77)
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Table of contents (9 chapters)
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Front Matter
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A Theory of Constitutional Rights Revisited
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Front Matter
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Substantive Issues
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Front Matter
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Applied Perspectives
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Front Matter
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Bibliography of Robert Alexy
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Front Matter
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Back Matter
Keywords
About this book
Arguing Fundamental Rights explores the path-breaking Theory of Constitutional Rights of Robert Alexy. The critical analysis of the structural elements of Alexy’s theory is combined with an assessment of its applied relevance, with special attention being paid to the UK Human Rights Act and the fundamental rights protection in the European Union (before and after the Charter of Fundamental Rights of 2000). The book is unique in combining a challenging interpretation of one the foremost European conceptions of fundamental rights with the discussion of the pragmatics of constitutional adjudication.
The chapters combine a focus on key political questions such as whether rights adjudication can be subject to rational assessment and whether judges (and not democratically elected parliaments) should be the umpires of fundamental rights protection, with a concern with key jurisprudential issues, such as the determination of the limits of fundamental rights, the binding effect of fundamental rights to private parties, or whether certain fundamental rights should or should not be regarded as ultimate reasons for action, and as such, could be not be limited, not even when it conflict with other rights. Robert Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory. The book is a timely defence of practical reason against claims that emergencies justify trumping fundamental rights.
Editors and Affiliations
Bibliographic Information
Book Title: Arguing Fundamental Rights
Editors: Agustín José Menéndez, Erik Oddvar Eriksen
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/1-4020-4919-4
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer Science+Business Media B.V. 2006
Hardcover ISBN: 978-1-4020-4918-7Published: 09 November 2006
Softcover ISBN: 978-90-481-7227-6Published: 17 November 2010
eBook ISBN: 978-1-4020-4919-4Published: 22 November 2006
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: VII, 230
Topics: Law, general, Philosophy of Law, Theories of Law, Philosophy of Law, Legal History, Public Law, Private International Law, International & Foreign Law, Comparative Law, Modern Philosophy