Realizing Fundamental Rights. The legal duty of government to the realization of fundamental rights in the face of clashing rationalities and interests in a legal-political context.

    Research output: ThesisThesis fully external

    Abstract

    Starting point of this book is the relevance of fundamental rights for the functioning of the state as a state based on the rule of law (democratische rechtsstaat). As fundamental rights have public authorities as the main norm-addressee, these authorities have the legal obligation to realize fundamental rights. This obligation is diverse and complex, as is demonstrated in this book. The aforementioned seems to be the case even more due to the increase of fundamental right norms and supervision mechanisms, as well as the
    omnipresence of authorities in modern times, whereby society changes constantly and speedily and there are many different tensions. Against this background, the following problem has been formulated and examined: what is the significance of the legal obligation of public authorities to realize fundamental rights and how do these authorities fulfill that obligation? The formulation of the problem includes two main questions. They have been examined based on the next subquestions: (I) What does the legal obligation
    of public authorities to realize fundamental rights imply for those authorities?, and (II) how do the aforementioned [different] actors fulfill their roles in the legal practice concerning the quality of legislation, security and the pluriform society?
    Translated title of the contributionRealizing Fundamental Rights.: The legal duty of government to the realization of fundamental rights in the face of clashing rationalities and interests in a legal-political context.
    Original languageDutch
    QualificationDoctor of Laws
    Awarding Institution
    • Free University Amsterdam
    Supervisors/Advisors
    • Schilder, prof. A.E., Supervisor, External person
    • de Lange, prof. R. , Co-supervisor, External person
    Award date22-Jan-2018
    Publication statusPublished - 22-Jan-2018

    Keywords

    • fundamental rights
    • human rights
    • rule of law
    • democracy
    • proliferation
    • constitution
    • actors

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