Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights

The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justifi...

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Bibliographic Details
Published inThe Canadian Journal of Law and Jurisprudence Vol. 34; no. 2; pp. 341 - 364
Main Author Kai, Moller
Format Journal Article Book Review
LanguageEnglish
Published New York, USA Cambridge University Press 01.08.2021
Subjects
Analysis
Civil rights
Constitutional law
Dignity
Equal rights
European Court of Human Rights
Human rights
Judicial review
Judicial reviews
Legal studies
Morality
Principles
Public interest
Reasonable man doctrine
Social aspects
Theory
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Summary:The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justification.’ There is now a far-reaching agreement that both proportionality and justification in human and constitutional rights law are concerned with the reasonableness, alternatively the justification in terms of public reason, of the act under consideration. Thus, reasonableness and/or public reason have assumed a, perhaps the, central place in the theory of human and constitutional rights.
Bibliography:CANADIAN JOURNAL OF LAW AND JURISPRUDENCE, Vol. 34, No. 2, November 2021, 341-364
Informit, Melbourne (Vic)
ISSN:0841-8209
2056-4260
DOI:10.1017/cjlj.2021.9