Chapter

Constitutional Rights

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print December 2010 | ISBN: 9780199744787
Published online January 2011 | e-ISBN: 9780199827138 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199744787.003.0008
Constitutional Rights

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This chapter argues that in most national legal systems, human rights ought to be recognized as constitutional rights to give them maximum protection. Moreover, they ought to be entrenched in a written constitution, but in a way that only moderately restricts change by democratic procedures. However, they ought not to be recognized as moral human rights, for this would introduce excessive legal uncertainty. In a nation without a robust tradition of respect for individual rights, they ought to be recognized as international human rights, but probably not in a nation where human rights are already strongly protected.

Keywords: human rights; constitutional rights; moral human rights; international human rights; entrenched

Chapter.  7768 words. 

Subjects: Philosophy

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