Defending rights. Between parliaments and courts

Philosophy and Social Criticism 49 (5):533-537 (2023)
  Copy   BIBTEX

Abstract

In principle, it should be for the Courts, which are not majoritarian institutions, to stand for the rights, even more for the new rights, that are minoritarian by definition. How far can the Courts safely go, when the recognition of such rights raises intense divergencies of opinion, confrontations between different collective identities, that populist movements can support and amplify? When should they leave the decision to the parliaments, which represent the will and the opinions of the citizens?

Categories

Add categories

Keywords

Reprint years

DOI

10.1177/01914537231166868

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 101,010

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

My notes

Similar books and articles

Why courts should not balance rights against the public interest.Denise Meyerson - manuscript
India : citizens, courts, and the right to health : between promise and progress.Sharanjeet Parmar & Namita Wahi - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Cambridge, MA: Harvard University Press.
National Constitutional Courts, the Court of Justice and the Protection of Fundamental Rights in a Post-Charter Landscape.Maartje de Visser - 2014 - Human Rights Review 15 (1):39-51.
What's So Good About Environmental Human Rights?: Constitutional Versus International Environmental Rights.Daniel P. Corrigan - 2017 - In Markku Oksanen, Ashley Dodsworth & Selina O'Doherty (eds.), Environmental Human Rights: A Political Theory Perspective. Routledge. pp. 124-148.
Religious Courts and Rights in Plural Societies: Interlegal Gaps and the Need for Complex Concurrency.Jaclyn L. Neo - 2021 - The Law and Ethics of Human Rights 15 (2):259-285.
Brazil : health inequalities, rights, and courts : the social impact of the "judicialization of health".Octavio L. Motta Ferraz - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Cambridge, MA: Harvard University Press.
Power, suffering, and courts : reflections on promoting health rights through judicialization.Alicia Ely Yamin - 2011 - In Alicia Ely Yamin & Siri Gloppen (eds.), Litigating health rights: can courts bring more justice to health? Cambridge, MA: Harvard University Press.
The Necessity and Possibility of the Use of the Principle of Generic Consistency by the UK Courts to Answer the Fundamental Questions of Convention Rights Interpretation.Benedict Douglas - 2012 - Dissertation, Durham University
Judicial Use of Foreign Law in Human Rights Cases: Illegitimate and Unacceptable Practice? [REVIEW]Navish Jheelan - 2011 - Human Rights Review 12 (1):15-25.
Human Rights and the Practice of Cross-referencing in Domestic Courts.Deepa Kansra - 2020 - Kamkus Law Journal 4:117-129.

Analytics

Added to PP
2023-04-04

Downloads
14 (#1,277,709)

6 months
8 (#587,211)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references