Basic Social Rights, Constitutional Justice, and Democracy

Bibliographic Data

ID23236009
AuthorsRodolfo Arango (Medical Protective, corresponding author)
Year2003
Volume16
Issue2
Pages141-154
Publication date2003-06-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueRatio Juris (JOURNAL)
Journal identifiersISSN: 1794-6638 • E-ISSN: 2619-4066
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1467-9337.00229
OpenAlexW2068422586
LanguageEN
Citations received4
References cited13

The theory of rights is crucial as a means of relieving the tension between basic rights and democracy, and as a means of resolving the problem of allocating competence between the constitutional court and the legislature. To some theorists, no tension between basic rights and democracy exists, for the latter presupposes the former. To others, among whom I include myself, tension does exist, for basic rights, in lending protection to certain persons and groups, limit the possibilities of political decision. In this connection it is important to take up the problem of the necessary conditions for realizing basic rights. One of these conditions concerns the delimiting of the scope of institutional action that is found, so to speak, in the space between the constitutional justices and the legislature, the latter as representative of the popular will.

Democracy · Fundamental rights · Human rights · Law and economics · Legislature · Political science · Politics · Scope (computer science) · Social rights · Sociology · Brazilian Legal Issues · Computer Science · Judicial and Constitutional Studies · Law · Political Philosophy and Ethics

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