A Theory of Constitutional Rights
- Publisher's listprice GBP 192.50
-
86 913 Ft (82 775 Ft + 5% VAT)
The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.
- Discount 10% (cc. 8 691 Ft off)
- Discounted price 78 222 Ft (74 498 Ft + 5% VAT)
Subcribe now and take benefit of a favourable price.
Subscribe
86 913 Ft
Availability
printed on demand
Why don't you give exact delivery time?
Delivery time is estimated on our previous experiences. We give estimations only, because we order from outside Hungary, and the delivery time mainly depends on how quickly the publisher supplies the book. Faster or slower deliveries both happen, but we do our best to supply as quickly as possible.
Product details:
- Publisher OUP Oxford
- Date of Publication 29 August 2002
- ISBN 9780198258216
- Binding Hardback
- No. of pages506 pages
- Size 242x162x32 mm
- Weight 923 g
- Language English 0
Categories
Short description:
This book analyzes the general structure of constitutional rights reasoning under the Geman 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 for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.
MoreLong description:
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, 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.
This work provides one of the most penetrating, analytically refined, and influential general accounts of constitutional rights available. American realists will recognize the structure of rights it proposes as functional and pragmatic. Comparative constitutional jurists will recognize it as a reconstruction of what is, perhaps, the dominant understanding of constitutional rights in the world. It would be a mistake for constitutional scholars of any tradition not to engage this book seriously.
Table of Contents:
Preface
A Theory of Constitutional Rights and the British Constitution
The Content and Purpose of a Theory of Constitutional Rights
The Concept of a Constitutional Rights Norm
The Structure of Constitutional Rights Norms
Constitutional Rights as Subjective Rights
Constitutional Rights and Legal Status
The Limits of Constitutional Rights
The General Right to Liberty
The General Right to Equality
Rights to Positive State Action
Constitutional Rights and Constitutional Rights Norms in the Legal System
Postscript
