Subject: Political Science Book Title: Social Rights Under the Constitution
Social Rights Under the Constitution
Government and the Decent Life
Fabre, Cécile
Prize Research Fellow, Nuffield College, Oxford
Print publication date: 2000
Published to Oxford Scholarship Online: November 2003
Print ISBN-13: 978-0-19-829675-1
doi:10.1093/0198296754.001.0001
Abstract:
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, standard rights to adequate minimum income, education, housing, and health care are usually not given constitutional protection. The book argues that individuals have social rights to adequate minimum income, housing, health care, and education, and that those rights must be entrenched in the constitution of a democratic state. That is, the democratic majority should not be able to repeal them, and certain institutions (for instance, the judiciary) should be given the power to strike down laws passed by the legislature that are in breach of those rights. Thus, the book is located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributive justice. It 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.