The Impasse of Constitutional Rights

Language: English

Published by Cambridge University Press, GB, 2025

1009009648 / 9781009009645

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Constitutional rights are often seen as invitations to engage in all things considered moral reasoning about how public authorities should act. The Impasse of Constitutional Rights challenges this widely accepted view by showing that it generates an irresolvable deadlock between rival theories of constitutional rights that share the same defects. This Element develops the alternative idea that rights-based constitutional order has its own distinctive moral project, which consists in rendering public authority accountable to the inherent rights of each legal subject. Taking this project seriously requires reconceiving the basic building blocks of rights-based constitutional order: justification, purposive interpretation, and proportionality. The resulting account both escapes the impasse to which the leading contemporary theories of constitutional rights succumb and expounds the normative connection between rights-based constitutional order and its most fundamental doctrines.

Seller Inventory # LU-9781009009645

Title
The Impasse of Constitutional Rights
Author
Jacob Weinrib
Publisher
Cambridge University Press, GB
Publication year
2025
Condition
New
Binding
Paperback
Language
English
ISBN 10
1009009648
ISBN 13
9781009009645
Item weight
144 grams

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