Social Rights Under the Constitution: Government and the Decent LifeOUP Oxford, 2 Mar 2000 - 214 halaman 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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Halaman 4
... fact , the issue seems to be relegated to North American law journals , where it is usually approached from the point of view of particular constitutional tradi- tions rather than from a normative , theoretical point of view.5 The book ...
... fact , the issue seems to be relegated to North American law journals , where it is usually approached from the point of view of particular constitutional tradi- tions rather than from a normative , theoretical point of view.5 The book ...
Halaman 8
... fact they have these needs and / or for the fact that they can- not meet them . I do not have space to defend this assumption here . For a good entry into the debate concerning people's responsibility for their choices and its ...
... fact they have these needs and / or for the fact that they can- not meet them . I do not have space to defend this assumption here . For a good entry into the debate concerning people's responsibility for their choices and its ...
Halaman 10
... fact that the world she lives in is such that if she wants to survive she must choose only one option , namely , fighting the beast . Her situation is analogous to the situation of someone who knows how to swim and who lives near a ...
... fact that the world she lives in is such that if she wants to survive she must choose only one option , namely , fighting the beast . Her situation is analogous to the situation of someone who knows how to swim and who lives near a ...
Halaman 14
Anda telah mencapai batas penampilan buku ini.
Anda telah mencapai batas penampilan buku ini.
Halaman 16
Anda telah mencapai batas penampilan buku ini.
Anda telah mencapai batas penampilan buku ini.
Isi
1 | |
Negative and Positive Rights | 41 |
1 | 67 |
Constitutional Social Rights | 71 |
9 | 73 |
Conclusion | 105 |
Constitutional Social Rights and Democracy | 111 |
12 | 115 |
21 | 121 |
33 | 130 |
43 | 137 |
49 | 143 |
Conclusion | 151 |
Conclusion | 183 |
Index | 199 |
Edisi yang lain - Lihat semua
Social Rights Under the Constitution: Government and the Decent Life Cécile Fabre Pratinjau terbatas - 2000 |
Istilah dan frasa umum
adequate minimum income amendment argued assess autonomy and well-being bills of rights Cambridge Chapter claim conception of democracy conflict constitutional rights constitutional social rights constitutionalization Court cracy cratic decide decision decision-making defining feature demo democratic majority democratic procedure democratic rights disability distributive justice Dworkin equal fact freedom of speech function and survive fundamental give harms democracy housing Human Rights immunity-right important interest judicial judiciary justify kind lead a decent legal rights legislature majority rule means moral rights Morality of Freedom necessary needy negative duties negative rights Oxford participate politically policies political citizenship Political Liberalism positive rights poverty threshold power-right principles private individuals procedural democracy protect democracy public culture Rawls Raz's reason regime to count reject requirements respect right to freedom rights to adequate Ronald Dworkin sense society someone specific Theory of Justice tion undemocratic University Press violate vote Waldron Walzer
Bagian yang populer
Halaman 68 - A constitution is not a thing in name only, but in fact. It has not an ideal, but a real existence ; and wherever it cannot be produced in a visible form, there is none.
Halaman 47 - ... b that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; c that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment...
Halaman 163 - Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education...
Halaman 163 - Secondary education in its different forms, including technical and vocational secondary education, should be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; c.
Halaman 23 - MICHAEL SANDEL: Liberalism and the Limits of Justice, Cambridge (Cambridge University Press) 1982.
Halaman 77 - From the standpoint of justice as fairness, a fundamental natural duty is the duty of justice. This duty requires us to support and to comply with just institutions that exist and apply to us. It also constrains us to further just arrangements not yet established, at least when this can be done without too much cost to ourselves.
Halaman 30 - if and only if X can have rights, and other things being equal, an aspect of X's well-being (his interest) is a sufficient reason for holding some other person(s) to be under a duty".
Halaman 174 - The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.
Halaman 51 - A demand for physical security is not normally a demand simply to be left alone, but a demand to be protected against harm. 10 It is a demand for positive action, or, in the words of our initial account of a right, a demand for social guarantees against at least the standard threats.
Halaman 40 - Positive rights are inevitably asserted to scarce goods, and consequently scarcity implies a limit to the claim. Negative rights, however, the rights not to be interfered with in forbidden ways, do not appear to have such natural, such inevitable limitations. If I am left alone, the commodity I obtain does not appear of its nature to be a scarce or limited one. How can we run out of people not harming each other, not lying to each other, leaving each other alone?