Social Rights Under the Constitution: Government and the Decent Life

Hardcover | January 15, 2000

byCecile Fabre

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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, andhealth 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 contemporarypolitical 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 withequal 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 therelationship between these two values cannot be ignored.

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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, andhealth care are not usually given constitutio...

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

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Format:HardcoverPublished:January 15, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198296754

ISBN - 13:9780198296751

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Table of Contents

IntroductionSocial rightsNegative and positive rightsConstitutional social rightsConclusion