The Global Model of Constitutional Rights: A Response to Afonso da Silva, Harel, and Porat

19 Pages Posted: 9 Dec 2014 Last revised: 13 Dec 2014

See all articles by Kai Möller

Kai Möller

London School of Economics - Law Department

Date Written: November 18, 2014

Abstract

This essay responds to Virgílio Afonso da Silva, Alon Harel, and Iddo Porat, who offered critical comments on my book The Global Model of Constitutional Rights at a symposium at the Hebrew University of Jerusalem in December 2013. Their comments, together with this response, will be published in the Jerusalem Review of Legal Studies.

The paper deals with, first, questions relating to the methodology of my book (in particular the nature of my theory as morally reconstructive, and its global character), second, the role of autonomy (in particular its relation to equality, and my defence of a general right to autonomy), and third, the problem of justification (outcome-based versus excluded reasons-based ways of reasoning about questions of rights).

Suggested Citation

Möller, Kai, The Global Model of Constitutional Rights: A Response to Afonso da Silva, Harel, and Porat (November 18, 2014). LSE Legal Studies Working Paper No. 28/2014. Available at SSRN: https://ssrn.com/abstract=2526685 or http://dx.doi.org/10.2139/ssrn.2526685

London School Econ Dept of Law RPS Submitter (Contact Author)

London School of Economics & Political Science (LSE)

Houghton Street
London, WC2A 2AE
United Kingdom

Kai Möller

London School of Economics - Law Department ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/kai-moller.htm

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