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Dimensions of dignity : the theory and practice of modern constitutional law / Jacob Weinrib
(Cambridge studies in constitutional law)

Publisher Cambridge : Cambridge University Press
Year 2016
Authors *Weinrib, Jacob 1982- author

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OB00016423 Cambridge Core (電子ブック) 9781316026663

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Material Type E-Book
Media type 機械可読データファイル
Size 1 online resource (xv, 299 pages) : digital, PDF file(s)
Notes Title from publisher's bibliographic system (viewed on 06 Sep 2016)
Human dignity and public law -- Authority, justice, and public law -- Public authority and private violence -- Towards public justice -- The modern constitutional state -- Constitutional reform -- The moral structure of proportionality -- Conclusion : public law in postwar theory and practice
In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together
HTTP:URL=https://doi.org/10.1017/CBO9781316026663
Subjects LCSH:Respect for persons -- Law and legislation  All Subject Search
Classification LCC:K3249
DC23:342.08/5
ID 8000016102
ISBN 9781316026663

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