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Constitutional theory and the imaginary of human rights

Priban, Jiri ORCID: 2021. Constitutional theory and the imaginary of human rights. Urbanik, Jakub and Bodnár, Adam, eds. Law in a Time of Constitutional Crisis, Warsaw: C.H. Beck, pp. 555-566.

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This chapter reflects on the function of constitutional theory and particularly the doctrine of human rights in the context of contemporary globalized constitutionalism. The distinction between front-line descriptive and second-line prescriptive knowledge allows for a theoretical observation of legal theories and theorists as leaders of legal reforms and social policy makers The chapter's primary focus is the paradoxical status of constitutional theories and jurisprudence as a specific form of expert thinking searching for the correct knowledge and method of applying transcendental values in the immanent system of positive law. This paradox and its manifestation in the realm of human rights as a specific epistemological utopia beyond national boundaries and driven by cosmopolitan ethics of global society is subject of arguments contrasting the system of positive law as a matter of principles to its constitution as a community of specific practices including human rights and its jurisprudence.

Item Type: Book Section
Status: Published
Schools: Law
Cardiff Law & Politics
Subjects: K Law > K Law (General)
Publisher: C.H. Beck
ISBN: 9788382357554
Last Modified: 30 Apr 2024 12:30

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