基本説明
Translated from German by Julian Rivers. In an extended introduction he argues for the applicability of the systems of constitutional rights review to German Basic Law and the British Constitution, with particular reference to the Human Rights Acts 1998.
Full 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.
Contents
PREFACE ; A Theory of Constitutional Rights and the British Constitution ; 1. The Content and Purpose of a Theory of Constitutional Rights ; 2. The Concept of a Constitutional Rights Norm ; 3. The Structure of Constitutional Rights Norms ; 4. Constitutional Rights as Subjective Rights ; 5. Constitutional Rights and Legal Status ; 6. The Limits of Constitutional Rights ; 7. The General Right to Liberty ; 8. The General Right to Equality ; 9. Rights to Positive State Action ; 10. Constitutional Rights and Constitutional Rights Norms in the Legal System ; POSTSCRIPT
