The global model of constitutional rights / Kai Möller.

Format:

Book

Author/Creator:

Möller, Kai, 1975-

Series:

Oxford constitutional theory

Language:

English

Subjects (All):

Civil rights--Philosophy.

Civil rights.

Constitutional law--Philosophy.

Constitutional law.

Physical Description:

xiv, 222 pages ; 24 cm.

Edition:

First edition.

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2012.

Summary:

One consequence of the increase in interest in constitutions and constitutional law in recent years is a growing innovative literature in constitutional theory. The aim of Oxford Constitutional Theory is to provide a showcase for the best of these theoretical reflections and a forum for further innovation in the field. The new series will seek to establish itself as the primary point of reference for scholarly work in the subject by commissioning different types of study. The majority of die works published in tire series will be monographs that advance new understandings of the subject. Well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought will also be included. Further, in recognition of the fact that there is a great deal of pioneering literature originally written in languages other than English and with regard to non-anglophone constitutional traditions, the series will also seek to publish English translations of leading monographs in constitutional theory. Book jacket.

Contents:

1 The Global Model of Constitutional Rights 1

I The project 1

II The global model and the dominant narrative 2

III Terminological clarifications 15

IV The US: an outlier? 17

V The reconstructive approach 20

VI A summary 22

Part I The Scope of Rights

2 Negative and Positive Freedom 29

I Negative freedom 30

II Positive freedom or personal autonomy 33

III Equality and human dignity 41

3 Two Conceptions of Autonomy 44

I Introduction 44

II The excluded reasons conception of autonomy 45

III The protected interests conception of autonomy 57

IV Conclusion 72

4 The Right to Autonomy 73

I The right to autonomy 73

II Implications for constitutional design and interpretation 87

III Beyond personal autonomy: the legitimacy of democracy, and the general interest 90

IV Conclusion 94

Part II The Structure of Justification

5 Towards a Theory of Balancing and Proportionality: The Point and Purpose of Judicial Review 99

I Introduction 99

II Personal and political autonomy 100

III Three desiderata 101

IV The relationship between personal and political autonomy 102

V Addendum: the right to equality 123

VI The institutional dimension 126

VII Conclusion 133

6 Balancing 134

I Introduction 134

II Conflicts of autonomy interests 135

III Balancing 137

IV Resolving conflicts of autonomy interests 142

V Incommensurability? 173

VI Conclusion 176

7 Proportionality 178

I Introduction 178

II The principle of proportionality 179

III The legitimate goal stage 181

IV The suitability and necessity stages 193

V The balancing stage 199

VI Conclusion 204

8 Conclusion 206.

Notes:

Includes bibliographical references (pages [211]-217) and index.

ISBN:

9780199664603

0199664609

OCLC:

798407250