You are not signed in. Sign in.

List Books: Buy books on ListBooks.org

A Theory of Constitutional Rights »

Book cover image of A Theory of Constitutional Rights by Robert Alexy

Authors: Robert Alexy, Julian Rivers
ISBN-13: 9780199584239, ISBN-10: 0199584230
Format: Paperback
Publisher: Oxford University Press, USA
Date Published: February 2010
Edition: (Non-applicable)

Find Best Prices for This Book »

Author Biography: Robert Alexy

Robert Alexy is Professor of Public Law and Legal Philosophy at the Christian Albrechts University, Kiel, Germany. Between 1994 and 1998 he was President of the German Section of the International Association for Philosophy of Law and Social Philosophy. He is known and admired worldwide as a leading philosopher. Julian Rivers was appointed Lecturer in Law at the University of Bristol after studying at the University of Cambridge and the University of Gottingen. This is his first book.

Book Synopsis

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.

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

Subjects