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Social Rights Under the Constitution
Government and the Decent Life
Cécile Fabre
214 pages
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234x156mm
978-0-19-829675-1
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Hardback
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02 March 2000
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Important and original contribution to the debate on distributive justice, democracy, and the constitution
- Examines the existing constitutional machinery of several countries
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.Readership: Scholars and students of Political Theory, Ethical and Moral Philosophy, Constitutional Law, lawyers and policy-makers
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Cécile Fabre, Prize Research Fellow, Nuffield College, Oxford
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"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 "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
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Introduction
Social rights
Negative and positive rights
Constitutional social rights
Conclusion
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