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The Global Model of Constitutional Rights
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The Global Model of Constitutional Rights

Kai Möller

Abstract

Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterised by an extremely broad approach to the scope of rights (sometimes referred to as ‘rights inflation’), the acceptance of horizontal effect of rights, positive obligations and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Draw ... More

Keywords: constitutional rights, global model, balancing, proportionality, rights inflation, horizontal effect, positive obligations, socio-economic rights, personal autonomy, judicial review, democracy, separation of powers

Bibliographic Information

Print publication date: 2012 Print ISBN-13: 9780199664603
Published to Oxford Scholarship Online: January 2013 DOI:10.1093/acprof:oso/9780199664603.001.0001

Authors

Affiliations are at time of print publication.

Kai Möller, author
Lecturer in Law at the London School of Economics and Political Science