Rights, Common Good, and the Separation of Powers

Common-good constitutionalism aims to establish a constitutional framework that promotes the well-being of all community members. It emphasizes the balance between powers and the protection of fundamental rights. This paper advocates for a rights-based judicial review within a common-good constitutional framework, highlighting the interdependence between fundamental rights and the common good. The proposed separation of powers emphasizes collaboration among state organs to protect rights and pursue common goals. Based on research, this approach enhances the protection of rights and the overall well-being of the community.

Image courtesy of interviewee. January 12, 2024

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