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The Global Model of Constitutional Rights$
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Kai Möller

Print publication date: 2012

Print ISBN-13: 9780199664603

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199664603.001.0001

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Conclusion

Conclusion

Chapter:
(p.206) 8 Conclusion
Source:
The Global Model of Constitutional Rights
Author(s):

Kai Möller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199664603.003.0008

The Conclusion summarises the theory proposed in the book by giving an account of the main concepts relied on: personal autonomy; equality; democracy; political autonomy; constitutional rights; balancing; proportionality; the margin of appreciation. It argues that the main entitlement that rights confer upon a person under the global model is to be treated with a certain attitude, namely an attitude which takes the right-holder's personal autonomy seriously. It shows that all features of the global model flow from this basic proposition. It concludes with some thoughts on the role of judges in shaping the global model and invites further discussion on the merits of judicial review under the global model.

Keywords:   personal autonomy, equality, political autonomy, democracy, constitutional rights, balancing, proportionality, margin of appreciation, judges, judicial review

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