Fundamental Rights

Justification and Interpretation

Kenneth Einar Himma, Bojan Spaic

• Publisher: Eleven International Publishing
• Year: 2016
• eBook ISBN: 9789462744950
• Edition: 0
• Topic: Politics & International Relations
• Subtopic: Human Rights
• Index: Politics & International Relations

The notion of fundamental rights is one of the most important topics of our times. Strident controversies concerning the content of fundamental rights have increased worldwide, sometimes degenerating into violent conflicts. Yet legal and political theorists have so far paid insufficient attention to these controversies. This collection of essays by internationally renowned scholars is a salutary first step in the direction of resolving these disputes. The essays discuss many urgent problems concerning fundamental rights, including: how such rights can be philosophically explained; how fundamental and human rights are related; how fundamental constitutional rights protecting minorities from oppression can be justified; and how constitutional human rights provisions can be implemented and applied. The authors hope to contribute to solving the disputes on fundamental rights through intellectual consensus rather than violence. (Series: Democracy and the Rule of Law, Vol. 6) [Subject: Human Rights Law, Rule of Law, Constitutional Law]

Table of contents

• Cover
• Table of Contents
• List of Contributors
• 1 Introduction: Fundamental Rights
• Part I Foundation and Justification of Fundamental Rights
• Part II Constitutional Rights as Fundamental Rights
• Part III The Curious Case of Religious Freedom as a Fundamental Constitutional Right
• Part IV Problematic Cases of Justifying and Implementing Fundamental Rights