European Journal of Migration and Law 6 : 381–394, 2005. © 2005 Koninklijke Brill NV . Printed in the Netherlands. 381 The Variable Subject of the EU Constitution, Civil Liberties and Human Rights ELSPETH GUILD* Introduction What is the relationship between civil liberties and human rights in the European Union? There are many ways of trying to describe this relationship, but in this paper I will consider first their formation and subsequently their content as expressed in the EU constitution. These two aspects are of central importance to understanding the role which they play in the EU. The relationship of the two concepts to the nation state is pivotal. Civil liberties have been part of the mechanism of 19th cen- tury nation state formation, having their focus on the relationship of the governed to the governing. Human rights as currently expressed in international law are a 20th century phenomenon: a reaction against legal positivism in the nation state sys- tem. They are a means of limiting the power of state authorities to determine the content of civil liberties within the state. In this context, I will build on the under- standing of constitutional rights as the codification of
European Journal of Migration and Law – Brill
Published: Jan 1, 2004
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera