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Constitutional rights, civility and artifice

Accepted version
Peer-reviewed

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Type

Article

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Authors

Simmonds, NE 

Abstract

jats:titleAbstract</jats:title>jats:pThe value of civility is grounded upon acceptance of the legitimacy of moral disagreement and the need for mutual respect and cooperation in the face of such disagreement. The distinction between rights and goods plays a fundamental role in the form of civility espoused by liberal society. Current models of constitutional rights and proportionality, in a variety of ways, erode that distinction and thereby place the liberal model of civility in jeopardy.</jats:p>

Description

Keywords

constitutional rights, proportionality, civility, commensurability, liberalism

Journal Title

Cambridge Law Journal

Conference Name

Journal ISSN

0008-1973
1469-2139

Volume Title

78

Publisher

Cambridge University Press (CUP)