TY  - BOOK
AU  - Menéndez,Agustín José
AU  - Eriksen,Erik Oddvar
ED  - SpringerLink (Online service)
TI  - Arguing Fundamental Rights
T2  - Law and Philosophy Library,
SN  - 9781402049194
AV  - K1-7720 
U1  - 340 23
PY  - 2006///
CY  - Dordrecht
PB  - Springer Netherlands
KW  - Law
KW  - Modern philosophy
KW  - Political science
KW  - Philosophy
KW  - Private international law
KW  - Conflict of laws
KW  - International law
KW  - Comparative law
KW  - Public law
KW  - Law, general
KW  - Philosophy of Law
KW  - Theories of Law, Philosophy of Law, Legal History
KW  - Public Law
KW  - Private International Law, International & Foreign Law, Comparative Law
KW  - Modern Philosophy
N2  - Arguing Fundamental Rights explores the path-breaking Theory of Constitutional Rights of Robert Alexy. The critical analysis of the structural elements of Alexy’s theory is combined with an assessment of its applied relevance, with special attention being paid to the UK Human Rights Act and the fundamental rights protection in the European Union (before and after the Charter of Fundamental Rights of 2000). The book is unique in combining a challenging interpretation of one the foremost European conceptions of fundamental rights with the discussion of the pragmatics of constitutional adjudication. The chapters combine a focus on key political questions such as whether rights adjudication can be subject to rational assessment and whether judges (and not democratically elected parliaments) should be the umpires of fundamental rights protection, with a concern with key jurisprudential issues, such as the determination of the limits of fundamental rights, the binding effect of fundamental rights to private parties, or whether certain fundamental rights should or should not be regarded as ultimate reasons for action, and as such, could be not be limited, not even when it conflict with other rights. Robert Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory. The book is a timely defence of practical reason against claims that emergencies justify trumping fundamental rights
UR  - http://dx.doi.org/10.1007/1-4020-4919-4
ER  -