Courts And Social Transformation in New Democracies: An by Roberto Gargarella, Theunis Roux, Pilar Domingo PDF

By Roberto Gargarella, Theunis Roux, Pilar Domingo

Utilizing case reports drawn from Latin the US, Africa, India and jap Europe, this quantity examines the position of courts as a channel for social transformation for excluded sectors of society in modern democracies. With a spotlight on social rights litigation in post-authoritarian regimes or within the context of fragile kingdom keep an eye on, the authors verify the position of judicial techniques in changing (or perpetuating) social and fiscal inequalities and gear kin in society. Drawing on interdisciplinary services within the fields of legislation, political concept, and political technology, the chapters tackle theoretical debates and current empirical case reviews to envision fresh tendencies in social rights litigation.

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The concept of minority can be categorised as a contested concept, and the identification of the type of groups it refers to is fundamentally linked to the normative discussion over the need to protect certain communities. Therefore, both issues should be tackled together. In fact, the considerable scholarly efforts directed at clarifying the meaning of “minority” are not entirely disentangled from the normative debate, since they tend to presuppose a particular concept of group rights, if only implicitly.

However, as the next chapter argues, both categories of rights need not be seen as conflicting in this way. Note, in addition, that this dispute is not merely academic, since the alleged incompatibility between individual and group rights has some central implications for our social and political life. Fundamentally, it would make it impossible to argue coherently that the foundations of a society should be grounded on both categories of rights. Analogously to the extreme pictures prevalent in the liberalism vs.

See Halliday (1995, p. 156). For a 18 55 GROUP RIGHTS AS HUMAN RIGHTS critique of this view of human groups and cultures with fixed boundaries as based on faulty epistemological premises and a reductionist sociology of culture, see Benhabib (2002, pp. 3–5). For further objections to the invocation of the word “culture” in order to speak of us “the West” and the others “the East,” see Appiah (2005, p. 254). That is why, despite the topical character of this debate, it is difficult to find references to this expression in philosophical encyclopedias or in the theories of rights articulated by philosophers.

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