[DOWNLOAD] "Rethinking Constitutional Welfare Rights." by Stanford Law School " Book PDF Kindle ePub Free

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eBook details

• Title: Rethinking Constitutional Welfare Rights.
• Author : Stanford Law School
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 443 KB

Description

INTRODUCTION Once a subject of intense interest in the courts and legal academy, the idea that our Constitution guarantees affirmative rights to social and economic welfare has for some time been out of fashion. In 2001, William Forbath observed that "like Banquo's ghost, the idea of constitutional welfare rights will not die down, but it is not exactly alive, either. No flesh or even sustained arguments on its behalf have appeared for over a decade; only nods, and glancing acknowledgments." (1) As a doctrinal matter, the prevailing view is that issues of poverty and distributive justice should be resolved through legislative policymaking rather than constitutional adjudication. (2) Some commentators (myself included) have argued that such policymaking may yet have constitutional significance if the existence and binding force of constitutional welfare rights are distinguished from the question of judicial enforcement. (3) But it remains a fact of our legal culture that what counts as a constitutional right is deeply shaped by the courts, and for a generation, our courts have steered clear of social or economic rights, (4) even as severe deprivation and inequality continue to pose serious challenges to our commitment to human dignity and equal citizenship.

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