A comprehensive theory of global constitutional rights must give an answer to a set of related issues. Which theory or conception of rights best explains the global model of constitutional rights? This will include questions of which values are protected and what their limits are? How does the judicial enforcement of a particular theory or conception of rights relate to the values of democracy? How does it interact with the institutional competence of courts, on the one hand, and with the elected political bodies, on the other? This is particularly important with regard to the value of the separation of powers. Here we can observe a “polyvalence of discourses” and a certain degree of “ambiguity” and “epistemic uncertainty”.
|Title of host publication||XXVIII World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR)|
|Subtitle of host publication||SW: Hard and Tragic Cases, Principles and the Limits of Law|
|Publisher||Universidade do Porto|
|Publication status||Published - 2017|