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Governing with JudgesConstitutional Politics in Europe$
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Alec Stone Sweet

Print publication date: 2000

Print ISBN-13: 9780198297710

Published to Oxford Scholarship Online: April 2004

DOI: 10.1093/0198297718.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 May 2021

Protecting Rights

Protecting Rights

(p.92) 4 Protecting Rights
Governing with Judges

Alec Stone Sweet

Oxford University Press

Conceptualizing human rights protection as an extended social process highlights the centrality of constitutional decision‐making as a general mode of governance. Thus, a great range of outcomes can only be understood by taking into account constitutional decision‐making by actors outside constitutional courts. At the same time, an increasing judicial capacity to reconstruct the meaning of legislative authority is revealed.

Keywords:   Balancing, constitutional language, Constitutionalization, human rights

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