The Global Model of Rights and Exclusionary Reasons: Comments on Kai Möller's The Global Model of Constitutional Rights

Kai Möller’s book, The Global Model of Constitutional Rights¹ is an important contribution to the burgeoning literature on the constitutional model that has developed in Europe after the Second World War and has spread since across the globe—the global model.² The impressive growth of the global model in recent decades in terms of volume, sophistication, influence, and geographic spread,³ as well as its fascinating rivalry with the other central constitutional model—the American one⁴—make it clearly the most important topic for constitutionalists today. And yet, writers are still grappling with the understanding of this model, both descriptively and normatively, and are far from having definitive answers to the questions it raises. Möller’s new contribution on the topic has many virtues. It is exceptionally clear and well organized; it is written with a confident hand and does not shy away from making clear choices; it shows an...