Social Rights Under the Constitution

Social Rights Under the Constitution PDF

Author: Cécile Fabre

Publisher: OUP Oxford

Published: 2000-03-02

Total Pages: 218

ISBN-13: 0191522767

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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, 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.

Fundamental Social Rights

Fundamental Social Rights PDF

Author: Lenia Samuel

Publisher: Council of Europe

Published: 2002-01-01

Total Pages: 500

ISBN-13: 9789287149329

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This reference book shows the real extent of the Charter's provisions and offers an overview of the different national situations in the countries that have ratified the Charter.

Social policy in the European Union: state of play 2015

Social policy in the European Union: state of play 2015 PDF

Author: David Natali (OSE)

Publisher: ETUI

Published: 2015-09-23

Total Pages: 298

ISBN-13: 2874523747

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The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).

An Introduction to Fundamental Rights in Europe

An Introduction to Fundamental Rights in Europe PDF

Author: Facchi, Alessandra

Publisher: Edward Elgar Publishing

Published: 2022-03-22

Total Pages: 160

ISBN-13: 1788117034

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This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity

Fundamental Social Rights at Work in the European Community

Fundamental Social Rights at Work in the European Community PDF

Author: Alan C. Neal

Publisher: Routledge

Published: 2018-12-24

Total Pages: 234

ISBN-13: 0429857802

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First published in 1999, this volume examines how the challenge of defining and developing an effective structure of fundamental social rights for workers has long been a focus for debate at European level. Even before the emergence of the 1989 Charter of Fundamental Social Rights of Workers, proposals were being made to incorporate 'fundamental rights' provisions into the Treaties establishing the European Communities. Consequently, when a distinguished Comité des Sages produced its 1996 report For a Europe of Civic and Social Rights, the stage was set for intensive debate as to the way forward.

Constituting Economic and Social Rights

Constituting Economic and Social Rights PDF

Author: Katharine G. Young

Publisher: Oxford University Press

Published: 2012-08-23

Total Pages:

ISBN-13: 0191639737

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Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.

Economic and Social Rights under the EU Charter of Fundamental Rights

Economic and Social Rights under the EU Charter of Fundamental Rights PDF

Author: Tamara Hervey

Publisher: Bloomsbury Publishing

Published: 2003-09-10

Total Pages: 374

ISBN-13: 184731161X

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The Charter of Fundamental Rights of the European Union includes,in addition to the traditional 'civil and political rights', a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?

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