Fundamental rights : justification and interpretation / Kenneth Einar Himma and Bojan Spaić (eds.).
2016
K3240 .F86 2016 (Map It)
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Details
Title
Fundamental rights : justification and interpretation / Kenneth Einar Himma and Bojan Spaić (eds.).
Published
The Hague, the Netherlands : Eleven International Publishing, [2016]
Call Number
K3240 .F86 2016
ISBN
946236656X
9789462366565
9789462366565
Description
vii, 213 pages ; 25 cm.
System Control No.
(OCoLC)952790141
Summary
The notion of fundamental rights is one of the most important topics of our times. Strident controversies concerning the content of fundamental rights have increased worldwide, sometimes degenerating into violent conflicts. Yet legal and political theorists have so far paid insufficient attention to these controversies. This collection of essays by internationally renowned scholars is a salutary first step in the direction of resolving these disputes. The essays discuss many urgent problems concerning fundamental rights, including how such rights can be philosophically explained; how fundamental and human rights are related; how fundamental constitutional rights protecting minorities from oppression can be justified; and how constitutional human rights provisions can be implemented and applied. The authors hope to contribute to solving the disputes on fundamental rights through intellectual consensus rather than violence.
Note
The notion of fundamental rights is one of the most important topics of our times. Strident controversies concerning the content of fundamental rights have increased worldwide, sometimes degenerating into violent conflicts. Yet legal and political theorists have so far paid insufficient attention to these controversies. This collection of essays by internationally renowned scholars is a salutary first step in the direction of resolving these disputes. The essays discuss many urgent problems concerning fundamental rights, including how such rights can be philosophically explained; how fundamental and human rights are related; how fundamental constitutional rights protecting minorities from oppression can be justified; and how constitutional human rights provisions can be implemented and applied. The authors hope to contribute to solving the disputes on fundamental rights through intellectual consensus rather than violence.
Bibliography, etc. Note
Includes bibliographical references.
Record Appears in
Added Author
Table of Contents
List of Contributors
vii
1.
Introduction: Fundamental Rights
1
pt. I
Foundation and Justification of Fundamental Rights
2.
Human Rights -- Universality and Context-Sensitive Implementation / Miodrag Jovanovic
7
3.
Individualism and Collectivism in the Foundation of Group Rights / Stephan Kirste
27
4.
Why Do We Need Fundamental Rights, Not Only in Practice, But Also in Theory? / Jasminka Hasanbegovic
47
pt. II
Constitutional Rights as Fundamental Rights
5.
Constitutional Rights and Constitutional Review / Robert Alexy
63
6.
Modern Constitutionalism and Social Values / Horacio Spector
75
7.
Structuring Addressees in Fundamental Rights Norms: An Application / David Duarte
83
pt. III
Curious Case of Religious Freedom as a Fundamental Constitutional Right
8.
On the Justification of Fundamental Constitutional Rights / Kenneth Einar Himma
95
9.
Protecting Freedom of Conscience and Religious Freedom in a Constitutional State: Two Varieties of Conscientious Objection / Pierluigi Chiassoni
115
pt. IV
Problematic Cases of Justifying and Implementing Fundamental Rights
10.
Mission (Im)Possible: Defending the Right to Die / Violeta Besirevic
149
11.
Human Rights and Poverty / Dorde Pavicevic
179
12.
What Freedom for the Enemies of Freedom? - Trends in Banning of Political Organizations / Tanasije Marinkovic
193