Kai Möller

in The Global Model of Constitutional Rights

Published in print October 2012 | ISBN: 9780199664603
Published online January 2013 | e-ISBN: 9780191745751 | DOI:

Series: Oxford Constitutional Theory


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The Conclusion summarises the theory proposed in the book by giving an account of the main concepts relied on: personal autonomy; equality; democracy; political autonomy; constitutional rights; balancing; proportionality; the margin of appreciation. It argues that the main entitlement that rights confer upon a person under the global model is to be treated with a certain attitude, namely an attitude which takes the right-holder's personal autonomy seriously. It shows that all features of the global model flow from this basic proposition. It concludes with some thoughts on the role of judges in shaping the global model and invites further discussion on the merits of judicial review under the global model.

Keywords: personal autonomy; equality; political autonomy; democracy; constitutional rights; balancing; proportionality; margin of appreciation; judges; judicial review

Chapter.  1886 words. 

Subjects: Constitutional and Administrative Law

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