Description: The Negotiable Constitution On the Limitation of Rights Grégoire C. N. Webber explores how open-ended constitutional rights leave a constitution open to re-negotiation by the political process. Grégoire C. N. Webber (Author) 9781107411845, Cambridge University Press Paperback, published 26 July 2012 240 pages 22.9 x 15.2 x 1.3 cm, 0.33 kg Review of the hardback: 'Webber's book invites us to think about rights in new ways and is a welcome contribution to constitutional theory discourse.' Dwight Newman, Alberta Law Review 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, Grégoire 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. 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. Subject Areas: Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA]
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BIC Subject Area 1: Jurisprudence & philosophy of law [LAB]
BIC Subject Area 2: Jurisprudence & general issues [LA]
Number of Pages: 240 Pages
Publication Name: The Negotiable Constitution: on the Limitation of Rights
Language: English
Publisher: Cambridge University Press
Item Height: 229 mm
Subject: Law
Publication Year: 2012
Type: Textbook
Item Weight: 330 g
Subject Area: Constitutional Law
Author: Gregoire C. N. Webber
Item Width: 152 mm
Format: Paperback
