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The negotiable constitution : = on the limitation of rights /

Record Type:	Language materials, printed : Monograph/item
Title/Author:	The negotiable constitution :/ Grégoire C.N. Webber.
Reminder of title:	on the limitation of rights /
Author:	Webber, Grégoire C. N.
Description:	1 online resource (viii, 231 pages) :digital, PDF file(s). :
Notes:	Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Subject:	Constitutions. -
Online resource:	https://doi.org/10.1017/CBO9780511691867
ISBN:	9780511691867 (ebook)

The negotiable constitution : = on the limitation of rights /
Webber, Grégoire C. N.

The negotiable constitution :on the limitation of rights /Grégoire C.N. Webber. - 1 online resource (viii, 231 pages) :digital, PDF file(s).

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Constitution as activity --

In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.

ISBN: 9780511691867 (ebook)Subjects--Topical Terms:

685126
Constitutions.

LC Class. No.: K3240 / .W428 2009

Dewey Class. No.: 342.085

The negotiable constitution : = on the limitation of rights /
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505 0 0 $t Constitution as activity -- $t Received approach to the limitation of rights -- $t Challenging the age of balancing -- $t Constituting rights by limitation -- $t Democratic activity of limiting rights -- $t Justifying rights in a free and democratic society.
520 $a In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
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