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Part II Ideas, Ch.13 Rights and Liberties as Concepts

Robert Alexy

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 March 2023

The debate over rights and liberties—not unlike the debate over justice—is a never-ending discussion, reflecting normative, analytical, and institutional considerations. Questions respecting the rights and liberties that an individual can lay claim to are fundamental normative questions in every society. They represent major themes not only in the law, especially constitutional law, but also in practical philosophy, and they count as central points of political dispute, too. This fundamental normative character is connected with a high degree of complexity. With...
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