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Human Rights and the Limits of Constitutional Theory
Author(s) -
Michelman Frank I.
Publication year - 2000
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00140
Subject(s) - human rights , politics , democracy , set (abstract data type) , political science , law , law and economics , epistemology , philosophy , sociology , computer science , programming language
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.