Chapter

Protecting Rights

Alec Stone Sweet

in Governing with Judges

Published in print February 2000 | ISBN: 9780198297710
Published online April 2004 | e-ISBN: 9780191601095 | DOI: http://dx.doi.org/10.1093/0198297718.003.0004
Protecting Rights

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Conceptualizing human rights protection as an extended social process highlights the centrality of constitutional decision‐making as a general mode of governance. Thus, a great range of outcomes can only be understood by taking into account constitutional decision‐making by actors outside constitutional courts. At the same time, an increasing judicial capacity to reconstruct the meaning of legislative authority is revealed.

Keywords: Balancing; constitutional language; Constitutionalization; human rights

Chapter.  14067 words. 

Subjects: Comparative Politics

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