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- Title
MORALITY, HUMAN RIGHTS, AND FOUNDATIONS OF THE LAW.
- Authors
van der Vyver, Johan D.
- Abstract
The article focuses on morality, human rights and foundations of the law. But not all rights are "human rights" within the meaning of the doctrine of human rights. Human rights are essentially confined to those rights that transcend, and are protected against, the exercise of political power. Human rights within that meaning are thus essentially the flipside of the limitation of the legislative and executive powers vested in the repositories of state authority. The essence of the legal idea is justice, which in one of its many manifestations requires persons in authority to apply political power to protect the basic human rights and fundamental freedoms of persons under their domain.
- Subjects
HUMAN rights; LAW &; ethics; JUSTICE; POLITICAL science; EXECUTIVE power; JURISPRUDENCE
- Publication
Emory Law Journal, 2005, Vol 54, p187
- ISSN
0094-4076
- Publication type
Article