Social Rights Under the Constitution

Social Rights Under the Constitution : Government and the Decent Life

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Description

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.
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Product details

  • Hardback | 214 pages
  • 163 x 242 x 19mm | 460g
  • Oxford, United Kingdom
  • English
  • New
  • 0198296754
  • 9780198296751
  • 2,345,649

Table of contents

Introduction ; Social rights ; Negative and positive rights ; Constitutional social rights ; Conclusion
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Review quote

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. * Journal of Law and Society * A stimulating and worthwhile read for anyone interested in social justice, constitutional rights or contemporary political theory. It contains challenging and thought-provoking analysis which may unsettle or, at the very least, question some common assumptions about social rights. Perhaps the greatest benefit of this book for public lawyers lies in her reliance on a rich philosophical literature of which United Kingdom public lawyers are sometimes unaware ... One
of the book's merits is the seriousness with which Fabre takes her opponents and the attention she devotes to examining and sometimes refuting their arguments. * Journal of Law and Society *
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About Cecile Fabre

Cecile Fabre is a Prize Research Fellow, Nuffield College, University of Oxford
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