A Theory of Constitutional Rights

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Overview

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

  • ISBN-13: 9780199584239
  • Publisher: Oxford University Press, USA
  • Publication date: 2/22/2010
  • Pages: 506
  • Product dimensions: 6.10 (w) x 9.10 (h) x 1.20 (d)

Meet the Author

Robert Alexy has been Professor of Public Law and Legal Philosophy at Christian Albrechts University, Kiel, since 1986. He was President of the German Section of the International Association for Philosophy of Law and Social Philosophy (IVR) from 1994-1998. Other books published by OUP include A Theory of Constitutional Rights and the Argument From Injustice.

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Table of Contents

Abbreviations
A Theory of Constitutional Rights and the British Constitution
A Note on this Translation
Introduction 1
1 The Content and Purpose of a Theory of Constitutional Rights 5
I The Concept of a General Legal Theory of the Constitutional Rights of the Basic Law 5
II Constitutional Rights Theory and Constitutional Rights Theories 11
III Constitutional Rights Theory as Structural Theory 13
2 The Concept of a Constitutional Rights Norm 19
I On the Concept of a Norm 20
II The Constitutional Rights Norm 30
3 The Structure of Constitutional Rights Norms 44
I Rules and Principles 44
II Three Models 69
III Theories of Principles and Values 86
4 Constitutional Rights as Subjective Rights 111
I On the Current Debate about Subjective Rights 111
II A System of Basic Legal Positions 120
III The Complete Constitutional Right 159
5 Constitutional Rights and Legal Status 163
I Jellinek's Theory of Legal Status 163
II On the Critique of Jellinek's Status Theory 173
6 The Limits of Constitutional Rights 178
I The Concept and Types of Constitutional Rights Limit 178
II The Scope and Limits of Constitutional Rights 196
III Limitation and Outworking 217
7 The General Right to Liberty 223
I The Concept of a General Right to Liberty 223
II A Formal-Material Conception of the General Right to Liberty 226
III Spheres of Protection and Implied Liberties 236
IV Problems with the General Right to Liberty 243
8 The General Right to Equality 260
I Equality in the Application and Creation of Law 260
II The Structure of the Requirement of Equality in the Creation of Law 262
III The Formulae of the Federal Constitutional Court 265
IV Similar and Differential Treatment 270
V The Principle of Equality and Evaluation 273
VI Legal and Factual Equality 276
VII The Structure of Equality Rights as Subjective Rights 285
9 Rights to Positive State Action (Entitlements in the Wide Sense) 288
I Basic Terms and Concepts 288
II Protective Rights 300
III Rights to Organization and Procedure 314
IV Entitlements in the Narrow Sense (Social Constitutional Rights) 334
10 Constitutional Rights and Constitutional Rights Norms in the Legal System 349
I The Fundamental Nature of Constitutional Rights Norms 349
II Third Party, or Horizontal, Effect 351
III The Legal System and Constitutional Rights Reasoning 365
Postscript 388
App The Constitutional Rights Provisions of the German Basic Law 426
Bibliography 434
Index 457
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