A Global Political Morality: Human Rights, Democracy, and Constitutionalism
Cambridge University Press, 4/3/2017
EAN 9781316611005, ISBN10: 1316611000
Paperback, 204 pages, 22.8 x 15.2 x 1.3 cm
Language: English
In A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term 'human right' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.
Introduction
Part I. The Morality of Human Rights
1. What are 'human rights'? Against the 'orthodox' view
2. What reason(s) do we have, if any, to take human rights seriously? Beyond 'human dignity'
Part II. From the Morality of Human Rights to Democracy and to Certain Limitations on Democracy
3. The three pillars of democracy
the human rights to democratic governance, intellectual freedom, and moral equality
4. Democracy limited
the human right to religious and moral freedom
Part III. Human Rights, Democracy, and Constitutionalism
5. A theory of judicial review
6. The theory illustrated
five constitutional controversies, five judicial opinions
7. Poverty as a human rights issue
constitutionalism-related reflections
Concluding note
human rights foundationalism.