A Theory of Constitutional Rights

A Theory of Constitutional Rights

by Robert Alexy, Julian Rivers
     
 

ISBN-10: 0199584230

ISBN-13: 9780199584239

Pub. Date: 02/22/2010

Publisher: Oxford University Press, USA

This book will be of central interest to all legal and constitutional theorists, and human rights scholars.  See more details below

Overview

This book will be of central interest to all legal and constitutional theorists, and human rights scholars.

Product Details

ISBN-13:
9780199584239
Publisher:
Oxford University Press, USA
Publication date:
02/22/2010
Pages:
506
Product dimensions:
6.10(w) x 9.10(h) x 1.20(d)

Table of Contents

Abbreviations
A Theory of Constitutional Rights and the British Constitution
A Note on this Translation
Introduction1
1The Content and Purpose of a Theory of Constitutional Rights5
IThe Concept of a General Legal Theory of the Constitutional Rights of the Basic Law5
IIConstitutional Rights Theory and Constitutional Rights Theories11
IIIConstitutional Rights Theory as Structural Theory13
2The Concept of a Constitutional Rights Norm19
IOn the Concept of a Norm20
IIThe Constitutional Rights Norm30
3The Structure of Constitutional Rights Norms44
IRules and Principles44
IIThree Models69
IIITheories of Principles and Values86
4Constitutional Rights as Subjective Rights111
IOn the Current Debate about Subjective Rights111
IIA System of Basic Legal Positions120
IIIThe Complete Constitutional Right159
5Constitutional Rights and Legal Status163
IJellinek's Theory of Legal Status163
IIOn the Critique of Jellinek's Status Theory173
6The Limits of Constitutional Rights178
IThe Concept and Types of Constitutional Rights Limit178
IIThe Scope and Limits of Constitutional Rights196
IIILimitation and Outworking217
7The General Right to Liberty223
IThe Concept of a General Right to Liberty223
IIA Formal-Material Conception of the General Right to Liberty226
IIISpheres of Protection and Implied Liberties236
IVProblems with the General Right to Liberty243
8The General Right to Equality260
IEquality in the Application and Creation of Law260
IIThe Structure of the Requirement of Equality in the Creation of Law262
IIIThe Formulae of the Federal Constitutional Court265
IVSimilar and Differential Treatment270
VThe Principle of Equality and Evaluation273
VILegal and Factual Equality276
VIIThe Structure of Equality Rights as Subjective Rights285
9Rights to Positive State Action (Entitlements in the Wide Sense)288
IBasic Terms and Concepts288
IIProtective Rights300
IIIRights to Organization and Procedure314
IVEntitlements in the Narrow Sense (Social Constitutional Rights)334
10Constitutional Rights and Constitutional Rights Norms in the Legal System349
IThe Fundamental Nature of Constitutional Rights Norms349
IIThird Party, or Horizontal, Effect351
IIIThe Legal System and Constitutional Rights Reasoning365
Postscript388
AppThe Constitutional Rights Provisions of the German Basic Law426
Bibliography434
Index457

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