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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Philosophical Foundations of Natural Rights

John Martin Gillroy, Oran Doyle

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 February 2020

Subject(s):
Natural law — Natural rights — Principles and objectives of constitutions — Constitutions and international law

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. In this analysis of natural rights in comparative constitutional law, we take two different but complementary and interconnected approaches. On the one hand, we explore how natural rights as a philosophical concept can be employed to understand contemporary constitutionalism. Natural rights provides a comprehensive theory of morality and law, including the connections between the two, that (if correct) holds true even if constitutional actors never use the language of ‘natural rights’. We elaborate this understanding of natural rights and evaluate some...
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