Should deliberative democrats defend the judicial enforcement of social rights?

• Autores: Roberto Gargarella
• Localización: Deliberative democracy and its discontents / Samantha Besson (aut.), José Luis Martí (aut.), Verena Seiler (aut.), 2006, ISBN 978-0-7546-2627-5
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • -in this chapter I will explore the implications of deliberative democracy in what concerns the judicial enforcement of social rights. The idea of writing this chapter emerged after a period of research that included the reading of numerous judicial decisions in the area of social rights. I then arrived at a few conclusions, which I will use as the baseline of the present chapter. The conclusions were the following:Despite the importance acquired by the theory on deliberative democracy, the literature on this topic seems to have had almost no impact on judicial decisions concerning social rights. This outcome seems particularly perplexing given that judges frequently refer to democracy-related arguments in their decisions regarding social rights.