Writing Constitutions: Volume 2: Fundamental Rights

Writing Constitutions is a practical manual for writing constitutions, covering human rights and empowering judges, lawyers, civil rights activists, legislators, and academics to draft and interpret over 70 Human Rights and strengthen democracies.

Format: Hardback
Length: 644 pages
Publication date: 27 February 2024
Publisher: Springer International Publishing AG

Writing Constitutions is a comprehensive guide designed to serve as a practical manual for those involved in the writing of constitutions or with an interest in their design. It represents the first systematic and universal approach to coherently capture the concepts and contents of a modern constitution. Volume II, in particular, stands out as a user-friendly resource, offering valuable insights into current best practices in human rights. Within this volume, a draft catalogue of human rights is presented, empowering judges, lawyers, civil rights activists, legislators, and academics to draft and interpret over 70 Human Rights and contribute to the strengthening of democracies.

The three volumes of Writing Constitutions are as follows:

Volume I: Institutions
This volume explores the foundational elements and structures of constitutions. It delves into the principles, institutions, and processes that shape the governance of a nation. It examines the role of the legislature, executive, judiciary, and other branches of government in upholding the constitution and ensuring the separation of powers. Volume I also discusses the importance of constitutionalism, the principles of legal reasoning, and the role of constitutional amendments and revisions.

Volume II: Fundamental Rights
As its name suggests, Volume II focuses on the fundamental rights of individuals and groups within a society. It provides a comprehensive examination of the rights that are universally recognized and protected by law. These rights include freedom of speech, religion, expression, assembly, and association. Volume II also covers rights related to equality, such as gender, race, and disability, as well as economic, social, and cultural rights. The volume includes a detailed analysis of the legal frameworks and mechanisms that safeguard these rights and the challenges that arise in their implementation.

Volume III: Constitutional Principles
Volume III delves into the core principles that guide the writing and interpretation of constitutions. It explores the principles of democracy, rule of law, separation of powers, and the protection of individual and collective rights. The volume discusses the role of constitutionalism in promoting stability, democracy, and social justice. It also examines the principles of constitutional interpretation, the role of the judiciary in interpreting the constitution, and the importance of constitutionalism in the context of international law.

In conclusion, Writing Constitutions is a valuable resource for anyone interested in constitutional law, governance, and the development of democratic societies. Its comprehensive approach, user-friendly format, and wealth of information make it an essential tool for scholars, policymakers, and practitioners alike. By providing a systematic and universal framework for capturing the concepts and contents of a modern constitution, Writing Constitutions contributes to the advancement of constitutional knowledge and practice worldwide.

Dimension: 235 x 155 (mm)
ISBN-13: 9783031396212