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Social Rights Under the Constitution: Government and the Decent Life

Cécile Fabre

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.001.0001
Subject:
Political Science, Political Theory

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 ... More


Constitutional Social Rights and Democracy

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0005
Subject:
Political Science, Political Theory

I reject the claim that bills of social rights are undemocratic and therefore unacceptable. I argue that they are indeed undemocratic in some cases, but that this is not a good reason for rejecting ... More


Constitutional Social Rights

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0004
Subject:
Political Science, Political Theory

I argue that it is legitimate to constrain democratic majorities, by way of the constitution, to respect and promote those fundamental rights of ours that protect the secure exercise of our autonomy ... More


The Implementation of Constitutional Social Rights

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0006
Subject:
Political Science, Political Theory

I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot ... More


Constitutionalizing the Right to an Adequate Environment: Challenges of Principle

Tim Hayward

in Constitutional Environmental Rights

Published in print:
2004
Published Online:
July 2005
ISBN:
9780199278688
eISBN:
9780191602757
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199278687.003.0003
Subject:
Political Science, Political Theory

Argues that any state that is constitutionally committed to the recognition of human rights ought to constitutionalise a right to an adequate environment. Rebutsthe claim that constitutional ... More


Social Rights

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0002
Subject:
Political Science, Political Theory

I argue that if one accepts the four assumptions I outlined above, one must accept the claim that individuals have social rights to adequate minimum income, housing, education, and health care, i.e. ... More


Negative and Positive Rights

Cécile Fabre

in Social Rights Under the Constitution: Government and the Decent Life

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198296751
eISBN:
9780191599200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198296754.003.0003
Subject:
Political Science, Political Theory

I complete the argument for social rights undertaken in Ch. 1, by looking at differences between negative rights that our autonomy and well‐being be respected, and positive rights, of which social ... More


The Boundaries of Welfare: European Integration and the New Spatial Politics of Social Protection

Maurizio Ferrera

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199284665
eISBN:
9780191603273
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199284660.001.0001
Subject:
Political Science, Political Economy

To what extent and in what ways have European integration redrawn the boundaries of national welfare states? What are the effects of such redrawing? These questions are interesting and relevant ... More


Gender Justice, Human Rights, and Neo‐Liberal Economic Policies

Diane Elson

in Gender Justice, Development, and Rights

Published in print:
2002
Published Online:
January 2005
ISBN:
9780199256457
eISBN:
9780191601989
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256454.003.0003
Subject:
Political Science, Democratization

This chapter analyses the links between neo-liberal economic policies and women’s substantive enjoyment of human rights. It examines the association between two different discourses: human rights and ... More


Citizenship to Membership

Neil Gilbert

in Transformation of the Welfare State: The Silent Surrender of Public Responsibility

Published in print:
2002
Published Online:
April 2004
ISBN:
9780195140743
eISBN:
9780199834921
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195140745.003.0007
Subject:
Political Science, Comparative Politics

The concept of social solidarity, and the two competing views on its source (Marshall's, which suggests that it stems from the social rights of citizenship; and Durkheim's , which suggests that it ... More


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