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Vol 21 No 11 Nov/Dec 2016

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Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law


ISBN13: 9781107084285
Published: September 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99



In stock.

In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm.

By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate.

As a matter of constitutional theory, however, human dignity remains an enigmatic idea. Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation.

By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together.

Subjects:
Constitutional and Administrative Law
Contents:
1. Human dignity and public law

Part I. The Normative Dimension:
2. Authority, justice, and public law
3. Public authority and private violence
4. Towards public justice

Part II. The Constitutional Dimension:
5. The modern constitutional state

Part III. The Doctrinal Dimension
6. Constitutional reform
7. The moral structure of proportionality
Conclusion: public law in postwar theory and practice.

Series: Cambridge Studies in Constitutional Law

Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa ISBN 9781107124097
To be published December 2016
Cambridge University Press
£64.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107622487
Published October 2015
Cambridge University Press
£22.99
Reason of State: Law, Prerogative and Empire ISBN 9781107089891
Published July 2015
Cambridge University Press
£69.99
The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
Edited by: Lars Vinx
ISBN 9781107092686
Published February 2015
Cambridge University Press
£65.00
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
Published December 2013
Cambridge University Press
£24.99
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107038998
Published December 2013
Cambridge University Press
£64.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
Published December 2013
Cambridge University Press
£60.00
£34.99
Proportionality and Constitutional Culture ISBN 9781107021860
Published June 2013
Cambridge University Press
£60.00
Proportionality and Constitutional Culture ISBN 9781107605718
Published June 2013
Cambridge University Press
£24.99
The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107619067
Published March 2013
Cambridge University Press
£39.99
Judging Social Rights ISBN 9781107400320
Published May 2012
Cambridge University Press
£29.99
Proportionality: Constitutional Rights and their Limitations ISBN 9781107008588
Published January 2012
Cambridge University Press
£79.99
Proportionality: Constitutional Rights and Their Limitations ISBN 9781107401198
Published January 2012
Cambridge University Press
£39.99
Parliamentary Sovereignty: Contemporary Debates ISBN 9780521140195
Published July 2010
Cambridge University Press
£30.99