Social Rights Under the Constitution - Government and the Decent Life

Zusatztext Each chapter constitutes a carefully placed building block which, by the end, amount to a formidable defence of the idea that we should think of issues of social justice in terms of constitutional social rights. Informationen zum Autor Cécile Fabre is a Prize Research Fellow, Nuffield College, University of Oxford Klappentext This book theoretically examines the recent and topical debates over democracy and social rights, arguing that there are four fundamental rights that should be constitutionalized; minimum income, housing, healthcare, and education. The theoretical discussion is explored within an analysis of important legal cases. Zusammenfassung The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standardly rights to adequate minimum income, education, housing, and health care are not usually given constitutional protection. This book argues that social rights should be constitutionalized and protected by the courts, and examines when such constitutionalization conflicts with democracy. It is thus located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributie justice. Interestingly and surprisingly enough, philosophers who engage in penetrating discussions on distributive justice do not usually reflect on the implications of their argument for democracy; they are met with equal indifference on the part of theorists of democracy. This book stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of the relationship between these two values cannot be ignored. Inhaltsverzeichnis Introduction Social rights Negative and positive rights Constitutional social rights Conclusion ...

Dettagli sul prodotto

• Autori: C. Cile Fabre, C?cile Fabre, Cecile Fabre, Cécile Fabre, Cecile (Prize Research Fellow Fabre
• Editore: Oxford University Press
• Lingue: Inglese
• Formato: Copertina rigida
• Pubblicazione: 02.03.2000
• EAN: 9780198296751
• ISBN: 978-0-19-829675-1
• Pagine: 214
• Categorie: Scienze sociali, diritto, economia > Scienze politiche > Scienze politiche e cittadinanza attiva; Scienze umane, arte, musica > Scienze linguistiche e letterarie > Linguistica generale e comparata; Human Rights, PHILOSOPHY / Social, PHILOSOPHY / Political, POLITICAL SCIENCE / Human Rights, POLITICAL SCIENCE / Political Process / General, POLITICAL SCIENCE / Political Ideologies / Democracy, POLITICAL SCIENCE / History & Theory, POLITICAL SCIENCE / Civil Rights, Social & political philosophy, Political science & theory, social and political philosophy, Political structures: democracy, Political science and theory, Human rights, civil rights