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11 - Human Rights Law

from Part III - Constitutional Principles

Published online by Cambridge University Press:  30 September 2019

Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

Any analysis of the role of human rights in domestic constitutional law must grapple with a central tension lying at the core of the relationship between the two. Whereas constitutional law is inevitably grounded in a particular place covering defined sets of people, human rights aspire, as the term makes clear, to transcend the political in the name of entitlements that inhere in people wherever they are from and regardless of the governmental arrangements under which they live. National constitutional law can almost always point to a specific moment when the foundational document from which all else follows is agreed and brought into effect, and even in those very few places where this is not the case (the United Kingdom, for example) the ‘constitution’ is made up of a bundle of documents (statutes; judicial decisions; shared practices) which are similarly rooted in time as well as in place and people. In this way too human rights appear different: the vast ambition of the phrase involves a claim to stand outside a history made up not only of people and places but of foundational turning points as well.

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Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Buchanan, R. and Zumbansen, P. (eds.), Law in Transition: Human Rights, Development and Transitional Justice (Hart Publishing, 2014).Google Scholar
Christoffersen, J. and Madsen, M.R., The European Court of Human Rights: Between Law and Politics (Oxford University Press, 2011).Google Scholar
Gearty, C. and Douzinas, C. (eds.), Cambridge Companion to Human Rights Law (Cambridge University Press, 2012).Google Scholar
Gill, S. and Cutler, C.A. (eds.), New Constitutionalism and World Order (Cambridge University Press, 2014).Google Scholar
Grimm, D., Constitutionalism: Past Present and Future (Oxford Constitutional Theory, Oxford University Press, 2016).Google Scholar
Möller, K., The Global Model of Constitutional Rights (Oxford University Press, 2012).Google Scholar
Perry, M.J. Toward a Theory of Human Rights: Religion, Law, Courts (Cambridge University Press, 2008).Google Scholar
Young, A., Democratic Dialogue and the Constitution (Oxford University Press, 2017).Google Scholar

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