Proportionality, Balancing, and Rights: Robert Alexy's Theory of Constitutional Rights

The book focuses on Robert Alexys theory of constitutional rights, which has gained widespread academic support and recognition in constitutional jurisdictions. It aims to outline the central aspects of Alexys theory and further develop the principles of constitutional, fundamental, and human rights through constructive criticism.

Format: Hardback
Length: 255 pages
Publication date: 14 August 2021
Publisher: Springer Nature Switzerland AG

The book delves into the profound and intricate theory of constitutional rights developed by Robert Alexy. Alexy meticulously outlined his theory in his seminal work, "Theorie der Grundrechte" (1985; English translation: "Theory of Constitutional Rights," 2002), and further elaborated on it in numerous subsequent articles. Regarded as one of the most influential theories of constitutional rights, it has garnered widespread academic acclaim and recognition in various constitutional jurisdictions. However, it has also faced significant criticism.

The primary objective of this book is to present the core principles of Alexy's theory as he understands them, while also engaging in a constructive critique of his ideas. By examining and analyzing his theory, the book seeks to expand and enhance the principles of constitutional, fundamental, and human rights.

In the opening chapter, the book provides an overview of Alexy's theoretical framework, highlighting the key concepts and principles that underpin his approach. It explores his understanding of the role of the constitution in shaping constitutional rights, as well as his analysis of the various dimensions of constitutional law.

Chapter 2 delves into the concept of constitutional rights, examining the nature, scope, and limitations of these rights. Alexy discusses the sources and origins of constitutional rights, as well as the mechanisms through which they are protected and enforced. He also explores the relationship between constitutional rights and other legal and political principles, such as democracy, equality, and human dignity.

Chapter 3 examines the principles of constitutional, fundamental, and human rights, exploring their interrelationships and implications. Alexy discusses the concept of legal positivism, which underpins his theory, and its implications for the interpretation and enforcement of constitutional rights. He also examines the role of international law and human rights treaties in protecting and promoting constitutional rights.

Chapter 4 examines the role of the judiciary in ensuring the protection and enforcement of constitutional rights. Alexy discusses the independence and impartiality of the judiciary, as well as the role of judicial review in interpreting and enforcing constitutional provisions. He also explores the challenges faced by the judiciary in balancing competing constitutional rights and interests.

Chapter 5 examines the role of civil society in promoting and protecting constitutional rights. Alexy discusses the importance of civil society organizations, human rights activists, and other non-governmental organizations in advocating for constitutional rights and promoting social change. He also examines the challenges faced by civil society in navigating the complex legal and political landscape.

Chapter 6 examines the role of education in promoting and protecting constitutional rights. Alexy discusses the importance of education in developing a sense of civic responsibility and promoting constitutional values. He also examines the challenges faced by education in promoting democratic citizenship and promoting constitutional rights.

Chapter 7 examines the role of the media in promoting and protecting constitutional rights. Alexy discusses the importance of the media in providing information and promoting public debate on constitutional issues. He also examines the challenges faced by the media in maintaining independence and avoiding censorship.

Chapter 8 examines the role of the individual in promoting and protecting constitutional rights. Alexy discusses the importance of individual activism and civic engagement in promoting constitutional rights and promoting social change. He also examines the challenges faced by individuals in navigating the complex legal and political landscape.

In conclusion, this book provides a comprehensive and insightful exploration of Robert Alexy's theory of constitutional rights. By engaging in a constructive critique of his ideas, the book seeks to expand and enhance the principles of constitutional, fundamental, and human rights. It is an essential resource for scholars, policymakers, and activists interested in understanding the complexities of constitutional law and promoting social justice and human rights.

Weight: 571g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030773205
Edition number: 1st ed. 2021