Human Rights and the Limits of Constitutional Theory

Author: Michelman, Frank I.

Source: Ratio Juris, Volume 13, Number 1, March 2000 , pp. 63-76(14)

Publisher: Wiley-Blackwell

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Abstract:

The question of what is truly just in the matter of a country's currently established human-rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human-rights interpretations are made continuously available to effective, democratic critical re-examination. However, it is not possible ever finally to know whether that condition is satisfied.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/1467-9337.00140

Affiliations: Harvard University, Harvard Law School, 1525 Massachusetts Avenue, Cambridge, Massachusetts 02138, USA,

Publication date: March 1, 2000

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