Specifying Constitutional Rights

Constitutional Commentary, Vol. 27, p. 231, 2010

18 Pages Posted: 8 Apr 2011

See all articles by John Oberdiek

John Oberdiek

Rutgers, The State University of New Jersey - Rutgers Law School

Date Written: June 5, 2010

Abstract

This paper reviews Grégoire C. N. Webber's book, The Negotiable Constitution: On the Limitation of Rights (Cambridge University Press, 2009), defending a specificationist account of constitutional rights, which holds that the limitation clauses common to most constitutions and charters largely define the very content of the rights that they limit. Having defended specificationism about rights generally in previous work, which Webber relies upon in developing his own view, I pay special attention to the case for applying that account to constitutional rights. I conclude that while a specified account of constitutional rights faces unique challenges, it can overcome them and offers a promising and novel re-conceptualization of the nature of constitutional rights.

Keywords: Constitutional Law, Constitutional Rights, Rights, Specificationism

Suggested Citation

Oberdiek, John, Specifying Constitutional Rights (June 5, 2010). Constitutional Commentary, Vol. 27, p. 231, 2010, Available at SSRN: https://ssrn.com/abstract=1803852

John Oberdiek (Contact Author)

Rutgers, The State University of New Jersey - Rutgers Law School ( email )

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Camden, NJ 08102
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856-225-6513 (Phone)

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