'ARGUING FUNDAMENTAL RIGHTS' Edited by AGUSTÍN JOSÉ MENÉNDEZ This book is an exploration of one of the outstanding works in contemporary
legal and constitutional theory, Robert Alexy’s A Theory of Constitutional
Rights, (hereinafter A Theory). The book begins with an overview of the concept of fundamental rights, describing the many aspects of the concept: formal, substantial, and procedural. It then examines the theories of rights, like,
that human rights has evolved naturally, since it is indispensable to the maximization of individual utility, that it signifies cultural development of human race, that it is simply making explicit what is necessarily implicit in human practice, that human beings since are created by God in his own image, there is good reason for considering a value for them, etc.
This is followed by a detailed discussion, about the implementation of such rights, and many procedural issues that might come up, like balancing opposing principles or with
principles supporting opposing rules. Which is succeeded by another one about the ways, these concepts are practiced in UK and the European Union.
I never knew such complex facets existed for the relatively straight forward rights, we citizen have in every country. Facets, which would come to fore whenever a contentious issue crops up, and would be dealt by legal lights.
legal and constitutional theory, Robert Alexy’s A Theory of Constitutional
Rights, (hereinafter A Theory). The book begins with an overview of the concept of fundamental rights, describing the many aspects of the concept: formal, substantial, and procedural. It then examines the theories of rights, like,
that human rights has evolved naturally, since it is indispensable to the maximization of individual utility, that it signifies cultural development of human race, that it is simply making explicit what is necessarily implicit in human practice, that human beings since are created by God in his own image, there is good reason for considering a value for them, etc.
This is followed by a detailed discussion, about the implementation of such rights, and many procedural issues that might come up, like balancing opposing principles or with
principles supporting opposing rules. Which is succeeded by another one about the ways, these concepts are practiced in UK and the European Union.
I never knew such complex facets existed for the relatively straight forward rights, we citizen have in every country. Facets, which would come to fore whenever a contentious issue crops up, and would be dealt by legal lights.
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