Social Rights Under the Constitution Government and the Decent Life

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ISBN: 9780198296751 | 0198296754
Cover: Hardcover
Copyright: 6/22/2000

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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.

List of Abbreviations

xii

Introduction

(6)

Social Rights

(33)

Introduction

(2)

Autonomy and Well-Being

(4)

Autonomy

(3)

Well-Being

(1)

Rights

(5)

An Account of Rights

(3)

The Value of Leading a Decent Life

(1)

Autonomy, Well-Being and Needs

(3)

Autonomy and Material Needs

(2)

Well-Being and Material Needs

(1)

From Needs to Social Rights

(19)

Reasons for Assigning Rights

(4)

Right-Holders

(7)

Content of Social Rights

(6)

Conclusion

(1)

Negative and Positive Rights

(27)

Introduction

(3)

Two Often Conflated Distinctions

(2)

The Complementarity Thesis

(4)

Objections against the Complementarity Thesis

(4)

A Linguistic Objection

(2)

Shue's Argument

(2)

Positive and Negative Social Rights: whose Duties?

(14)

Conclusion

(2)

Constitutional Social Rights

(43)

Introduction

(1)

A Theory of the Constitution

(19)

The Formal Characteristics of the Modern Constitution

(4)

Deciding on the Content of the Constitution

(7)

What Should Be Enternched in the Constitution, and Why?

(7)

Bills of Rights

(24)

Hohfeld's Typology and Interest-Based Theories of Rights

(2)

Rights against Private Individuals and Rights against the State

(8)

From Moral Rights to Constitutional Rights

(7)

A Rights-Based Objection against Constitutional Rights

105

(1)

Conclusion

106

(4)

Constitutional Social Rights and Democracy

110

(42)

Introduction

110

(1)

A Procedural Conception of Democracy

111

(8)

Political Citizenship and Constitutional Social Rights

119

(9)

Constitutional Social Rights and the Capacity to Participate Politically

120

(6)

Constitutional Social Rights and the Willingness to Participate Politically

126

(2)

Objections against Bills of Rights as Undemocratic

128

(17)

Democratic Decision-Making and Constitutional Social Rights

145

(7)

Conclusion

151

(1)

The Implementation of Constitutional Social Rights

152

(31)

Introduction

152

(2)

The Vagueness of Constitutional Social Rights

154

(14)

Levels of Provision

158

(8)

The State's Resources

166

(1)

The State's Duty to Take Appropriate Steps

167

(1)

Assessing Constitutional Judicial Review of Constitutional Social Rights

168

(15)

A Dual System of Protection

168

(5)

Constitutional Judicial Review versus Constitutional Judicial Preview

173

(2)

Individual Petition versus Collective Complaints and Class Action

175

(7)

Conclusion

182

(1)

Conclusion

183

(5)

Bibliography

188

(11)

Index

199

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Social Rights Under the Constitution Government and the Decent Life

Summary

Author Biography

Table of Contents

Supplemental Materials

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Social Rights Under the Constitution Government and the Decent Life

Summary

Author Biography

Table of Contents

Supplemental Materials

Digital License