We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Citizenship As Repository of Rights
Published online by Cambridge University Press: 25 April 2022
In this chapter, I demonstrate that the declarations of rights that were incorporated into the modern Constitutions relied on a conception of rights that was hostile to democracy. There were various versions of the idea of “natural rights” to which the “founding fathers” subscribed, but the one that prevailed placed rights and citizenship in separate, distant boxes. I also explain, in this chapter, that good part of the prevailing doctrines on the subject are derivations of that original paradigm. Both the idea of rights as “trump cards” that “beat” majority decisions (in Ronald Dworkin’s terms) and the idea that rights constitute a separate sphere (“the sphere of the undecidable” in Luigi Ferrajoli’s work) that must be put out of reach of democracy. According to these prevalent understandings -I claim- rights must be rigorously left to the technical and exclusive care of the judges.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
