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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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The Global Model of Constitutional Rights


ISBN13: 9780199664603
Published: October 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £61.00
Paperback edition , ISBN13 9780198738077



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Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally.

This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights.

Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model.

It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy; a right to everything which, according to the agent's self-conception, is in his or her interest.

The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The book concludes by demonstrating a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.

Subjects:
Constitutional and Administrative Law
Contents:
1. The Global Model of Constitutional Rights

PART I: THE SCOPE OF RIGHTS
2. Negative and Positive Freedom
3. Two Conceptions of Autonomy
4. The Right to Autonomy

PART II: THE STRUCTURE OF JUSTIFICATION
5. Towards a Theory of Balancing and Proportionality: The Point and Purpose of Judicial Review
6. Balancing
7. Proportionality
8. Conclusion
Bibliography

Series: Oxford Constitutional Theory

Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198768791
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Constitutional and Political Theory: Selected Writings ISBN 9780198714965
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The Cosmopolitan Constitution ISBN 9780198797944
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Constitutionalism: Past, Present, and Future ISBN 9780198766124
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Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198759072
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Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
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Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
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The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
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Constitutional Courts and Deliberative Democracy ISBN 9780198759454
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The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
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The Global Model of Constitutional Rights ISBN 9780198738077
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Constituting Economic and Social Rights ISBN 9780198727897
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The Cosmopolitan Constitution ISBN 9780199651535
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The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
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Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
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Constitutional Courts and Deliberative Democracy ISBN 9780199670451
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Fault Lines of Globalization: Legal Order and the Politics of A-Legality ISBN 9780199601684
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After Public Law ISBN 9780199669318
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The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
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The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
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Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
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Constituting Economic and Social Rights (eBook) ISBN 9780191639746
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Constituting Economic and Social Rights ISBN 9780199641932
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Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
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Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
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Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
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Twilight of Constitutionalism? ISBN 9780199651993
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Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
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Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
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The Constitutional State ISBN 9780199585014
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Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
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Twilight of Constitutionalism? ISBN 9780199585007
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