rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Arguing Fundamental Rights
  name:
    name part: Menéndez, Agustín José.
    role:
      role term: editor.
  name:
    name part: Eriksen, Erik Oddvar.
    role:
      role term: editor.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: ne
    date issued: 2006
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: VII, 230 p. online resource.
  abstract: 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.
  note: edited by Agustín José Menéndez, Erik Oddvar Eriksen.
  subject:
    topic: Law
  subject:
    topic: Modern philosophy
  subject:
    topic: Political science
  subject:
    topic: Law
    topic: Philosophy
  subject:
    topic: Private international law
  subject:
    topic: Conflict of laws
  subject:
    topic: International law
  subject:
    topic: Comparative law
  subject:
    topic: Public law
  subject:
    topic: Law
  subject:
    topic: Law, general
  subject:
    topic: Philosophy of Law
  subject:
    topic: Theories of Law, Philosophy of Law, Legal History
  subject:
    topic: Public Law
  subject:
    topic: Private International Law, International & Foreign Law, Comparative Law
  subject:
    topic: Modern Philosophy
  classification: K1-7720
  classification: 340
  related item:
    title info:
      title: Springer eBooks
  related item:
    title info:
      title: Law and Philosophy Library, 77
  identifier: 9781402049194
  identifier: http://dx.doi.org/10.1007/1-4020-4919-4
  record info:
    record creation date: 100301
    record change date: 20151204160922.0
    record identifier: 978-1-4020-4919-4