| Title: | New Foundations for Social Rights: A deliberative democratic approach |
| Publisher: | Advanced Research on the Europeanisation of the Nation-State (ARENA): Working Papers |
| Creator: | Agustín José Menéndez |
| Subject: | Social Charter; Constitution for Europe; normative political theory; deliberative democracy |
| Set: | arenax |
| Source: | ARENA Working Papers WP 02/32 |
| Description: | Social Rights and the Constitution is a timely and very necessary contribution to legal theory. Its author, Cécile Fabre, makes a bold and well-argued case for both a written political constitution and for the inclusion of social rights among the set of fundamental rights. In this review, the aim is to push further Fabre’s argument, by means of doing three things, namely (1) determining whether her case could not be reinforced by considering the normative foundations of the market economy [section 3.A] and the budgetary implications of rights protection [section 3.C]; (2) distinguishing two main types of social rights on the basis of the level of generality at which they can be formulated [section 3.B]; this would allow a more nuanced analysis of the role of courts in reviewing the compatibility of ordinary legislation with social rights [section 3.D]; (3) considering the level(s) of government which should be in charge of social rights protection, with special attention being paid to the European Union. |
| Date: | 2002-10-06 |
| Type: | ERPA Paper |
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| Type: | Full text |
| Format: | text/html |
| URL: | http://www.arena.uio.no/publications/working-papers2002/papers/02_32.xml |