Rights and Liberties as Concepts

Robert Alexy

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI:

Series: Oxford Handbooks in Law

Rights and Liberties as Concepts

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The debate over rights and liberties — not unlike the debate over justice — is a never-ending discussion, reflecting normative, analytical, and institutional considerations. Questions respecting the rights and liberties that an individual can lay claim to are fundamental normative questions in every society. They represent major themes not only in the law, especially constitutional law, but also in practical philosophy, and they count as central points of political dispute. This article is organized as follows. Section I presents a brief analysis of the general structure of rights and liberties. The themes of Section II are the concepts of human and constitutional rights. Finally, Section III discusses the construction of constitutional rights, especially the connection between constitutional rights and proportionality.

Keywords: rights; liberties; human rights; constitutional rights; proportionality

Article.  8226 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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