In matters of rights, constitutions tend to avoid settling
controversies. With few exceptions, rights are formulated in
open-ended language, seeking consensus on an abstraction without
purporting to resolve the many moral-political questions implicated
by rights. The resulting view has been that rights extend
everywhere but are everywhere infringed by legislation seeking to
resolve the very moral-political questions the constitution seeks
to avoid. First published in 2009, The Negotiable Constitution
challenges this view. Arguing that underspecified rights call for
greater specification, Gr goire C. N. Webber draws on limitation
clauses common to most bills of rights to develop a new
understanding of the relationship between rights and legislation.
The legislature is situated as a key constitutional actor tasked
with completing the specification of constitutional rights. In
turn, because the constitutional project is incomplete with regards
to rights, it is open to being re-negotiated by legislation
struggling with the very moral-political questions left
underdetermined at the constitutional level.
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