THE NEGOTIABLE CONSTITUTION by Gregoire C. N. Webber ( 9780521111232 )

Item Details

Title:

THE NEGOTIABLE CONSTITUTION
ON THE LIMITATION OF RIGHTS

By:

Gregoire C. N. Webber

Format:

Hardback

List price:

£82.00

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£71.75

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ISBN 10:

0521111234

ISBN 13:

9780521111232

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Publisher:

CAMBRIDGE UNIVERSITY PRESS

Pub. date:

26 November, 2009

Pages:

240

Description:

Gregoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process.

Synopsis:

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. 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.

Publication:

Imprint:

Cambridge University Press

Returns:

Returnable

Some other items by this author:

PROPORTIONALITY AND THE RULE OF LAW (HB)

PROPORTIONALITY AND THE RULE OF LAW (PB)

THE NEGOTIABLE CONSTITUTION

THE NEGOTIABLE CONSTITUTION (PB)