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Governing with JudgesConstitutional Politics in Europe$
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Alec Stone Sweet

Print publication date: 2000

Print ISBN-13: 9780198297710

Published to Oxford Scholarship Online: April 2004

DOI: 10.1093/0198297718.001.0001

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Protecting Rights

Protecting Rights

Chapter:
(p.92) 4 Protecting Rights
Source:
Governing with Judges
Author(s):

Alec Stone Sweet

Publisher:
Oxford University Press
DOI:10.1093/0198297718.003.0004

Conceptualizing human rights protection as an extended social process highlights the centrality of constitutional decision‐making as a general mode of governance. Thus, a great range of outcomes can only be understood by taking into account constitutional decision‐making by actors outside constitutional courts. At the same time, an increasing judicial capacity to reconstruct the meaning of legislative authority is revealed.

Keywords:   Balancing, constitutional language, Constitutionalization, human rights

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