Rights
Bibliographic Data
| ID | 23744040 |
|---|---|
| Authors | Martin Loughlin (0000-0002-6102-6453, corresponding author) |
| Year | 2004 |
| Pages | 114-130 |
| Publication date | 2004-08-05 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | CHAPTER |
| Venue | The Idea of Public Law (SOURCE_BOOK) |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/acprof:oso/9780199274727.003.0007 |
| OpenAlex | W4246894952 |
| ISBN | 9780199274727 |
| Language | EN |
| Citations received | 1 |
This chapter begins by discussing the possibility to reconfigure the architecture of public law by tracing the intellectual source of the modern rights movement and chart its influence on contemporary legal and political practice. It investigates how a political discourse of natural rights has permeated legal discourse and then, through positivisation — that is, through the institutionalization of a conception of law as an expression of basic rights — has reconfigured the relationship between law and government. It assesses the impact of rights discourse on contemporary public law.
Fundamental rights · Human rights · Institutionalisation · Law and economics · Political science · Politics · Public law · Public rights · Reservation of rights · Right to property · Sociology · Law · Law in Society and Culture
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.08 |
| Citation span | 2013 - 2013 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |