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Animals and the Constitution: Towards Sentience-Based Constitutionalism: Oxford Constitutional Theory

Autor John Olusegun Adenitire, Raffael Fasel
en Limba Engleză Hardback – 29 apr 2025
Constitutionalism - the idea that constitutions should limit and guide government - has set the standard of how public power ought to be exercised. Its success likely stems from the simple idea that constitutions should secure governance in the interests of the governed. However, its popularity has overshadowed a key issue: it relies on the hypothetical consent of rational human beings, ignoring those who lack such abilities, like non-human animals.Animals and the Constitution breaks new ground by challenging the human-centredness of current constitutional theory and practices. It pioneers a more capacious account of constitutionalism-sentience-based constitutionalism-which is grounded in respect for the interests of all governed sentient beings. The book demonstrates how this account can be implemented in modern constitutions by rethinking four key principles of constitutionalism: constitutional rights, proportionality, the rule of law, and democracy. To illustrate how these principles can be reimagined to protect the interests of both humans and animals, the book draws on and examines numerous real-world examples, ranging from judicial recognitions of wild animals' rights in Ecuador, to direct-democratic votes on primates' rights in Switzerland, to entire proposed bills of rights for animals in Finland. A unique combination of constitutional theory, animal ethics, and comparative constitutional law, this book offers a practical blueprint for future constitutions to address the moral and legal status of sentient beings.
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Specificații

ISBN-13: 9780198910503
ISBN-10: 0198910509
Pagini: 248
Dimensiuni: 156 x 234 mm
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Constitutional Theory

Locul publicării:Oxford, United Kingdom

Notă biografică

Dr John Olusegun Adenitire is a Senior Lecturer at Queen Mary, University of London, School of Law and a Co-Director of the Forum on Decentering the Human, an inter-disciplinary research centre. He completed his PhD in Law at Fitzwilliam College, University of Cambridge. He has held visiting research fellowships at Yale, Oxford, New York University, and Fordham University. He has published extensively on constitutional rights, discrimination law and theory, and animal rights. He teaches animal rights law, public law, legal philosophy and EU law at Queen Mary.Dr Raffael Fasel is Assistant Professor in Public Law at the University of Cambridge and a Fellow of Jesus College. At Cambridge, he completed his PhD thesis on human and animal rights, which was awarded a Yorke Prize in 2020. He co-founded the Cambridge Centre for Animal Rights Law and lectures on Europe's first Animal Rights Law course, which he co-created. He has published widely in animal rights law, constitutional law, and constitutional theory.