The Negotiable Constitution
On the Limitation of Rights
- List Price$36.00
- Your price$30.59
Save $5.41 (15% off) and earn Kobo Super Points!
You'll see how many points you'll earn before checking out. We'll award them after completing your purchase.
Or, get it for 15200 Kobo Super Points!
See if you have enough points for this eBook. Sign in
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
- Cambridge University Press, November 2009
Cambridge University Press
- Download options:
- EPUB 2 (Adobe DRM)
You can read this item using any of the following Kobo apps and devices: