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Vol 22 No 3 March/April 2017

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Simon Mortimore
Price: £225.00

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Negotiable Constitution: On the Limitation of Rights


ISBN13: 9781107411845
Published: July 2012
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2009)
Price: £30.99
Hardback edition , ISBN13 9780521111232



Low stock.

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.

First published in 2009, The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Gregoire 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.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
Introduction: on the limitation of rights
1. The constitution as activity
2. The received approach to the limitation of rights
3. Challenging the age of balancing
4. Constituting rights by limitation
5. The democratic activity of limiting rights
6. Justifying rights in a free and democratic society
7. Conclusion.