CONSTITUTIONALISING SOCIAL RIGHTS

In: The journal of political philosophy, Band 6, Heft 3, S. 263-284

Abstract

THIS ARTICLE ARGUES THAT IF ONE IS COMMITTED TO CIVIL AND POLITICAL RIGHTS, ONE MUST ALSO ADVOCATE THE CONSTITUTIONALIZATION OF SOCIAL RIGHTS. IT MAKES A CASE FOR CONSTITUTIONAL SOCIAL RIGHTS AND CLARIFIES THE RELATIONSHIP BETWEEN CIVIL, POLITICAL, AND SOCIAL RIGHTS, AND BETWEEN NEGATIVE AND POSITIVE RIGHTS. IT ARGUES THAT A DUTY DISTINCTION IS VALID AND THAT THE JUDICIARY CAN LEGITIMATELY DEAL WITH CONSTITUTIONAL SOCIAL RIGHTS.