n Tydskrif vir die Suid-Afrikaanse Reg - A Theory of Constitutional Rights, Robert Alexy : book review
|Article Title||A Theory of Constitutional Rights, Robert Alexy : book review|
|© Publisher:||Juta Law Publishing|
|Journal||Tydskrif vir die Suid-Afrikaanse Reg|
|Author||Gerhard Van der Schyff|
|Publication Date||Jan 2004|
|Pages||770 - 771|
ISI Social Science
Robert Alexy's doctoral thesis was published in 1985 under the title of Theorie der Grundrechte. The Dutch constitutionalist Burkens (Algemene Leerstukken van Grondrechten naar Nederlands Constitutioneel Recht (1989) 27-28) described Alexy's theory as "monumental". The fact then that this work has at long last been translated into English is to be welcomed, as its appeal is no longer only limited to a German-reading audience. (Alexy Begriff und Geltung des Rechts 1994, has also been translated as: Alexy The Argument from Injustice: a Reply to Legal Positivism 2002.) The translation, in itself a monumental endeavour, was attempted and completed with distinction by Julian Rivers, who lectures law at the University of Bristol. Alexy also used the opportunity of an English translation of his work to update numerous references and to include a postscript, in order to outline a number of his ideas with greater clarity and also to answer his critics, notably in the form of Habermas (Between Facts and Norms 1996).
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