Constitutional rights law and its limitations: topical examples

One consequence of the post-World War II ‘rights revolution’ is the ever growing use of constitutional law to protect fundamental rights. The goal of this is not only to protect such rights by judicial enforcement, at which it can be relatively successful, but to ultimately place them beyond political contestation.[1] However, it is regularly argued that placing rights beyond political contestation is very difficult to achieve where deep and sustained disagreement over rights exists.[2]