Book contents
- Constitutionalism and a Right to Effective Government?
- Comparative Constitutional Law and Policy
- Constitutionalism and a Right to Effective Government?
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Part I Introduction
- Part II What Are Constitutions For?
- Part III Positive Rights and Rights to Effective Self-Government
- 6 Post-Liberal Constitutionalism and the Right to Effective Government
- 7 Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?
- 8 The “Right to Effective Governance” and the Human Rights Baseline
- Part IV The Role of Courts in Building State Capacity and Promoting Effective Self-Government While Protecting Rights
- Part V Executive and Administrative Constitutionalism in Effective Democratic Government
- Part VI Legislatures, Representation, and Duties of Effective Self-Government
- Part VII Politics, Sociology, Media, and Corruption as Contexts for Constitutionalism and Governance
- Index
8 - The “Right to Effective Governance” and the Human Rights Baseline
from Part III - Positive Rights and Rights to Effective Self-Government
Published online by Cambridge University Press: 20 October 2022
- Constitutionalism and a Right to Effective Government?
- Comparative Constitutional Law and Policy
- Constitutionalism and a Right to Effective Government?
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Acknowledgments
- Part I Introduction
- Part II What Are Constitutions For?
- Part III Positive Rights and Rights to Effective Self-Government
- 6 Post-Liberal Constitutionalism and the Right to Effective Government
- 7 Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?
- 8 The “Right to Effective Governance” and the Human Rights Baseline
- Part IV The Role of Courts in Building State Capacity and Promoting Effective Self-Government While Protecting Rights
- Part V Executive and Administrative Constitutionalism in Effective Democratic Government
- Part VI Legislatures, Representation, and Duties of Effective Self-Government
- Part VII Politics, Sociology, Media, and Corruption as Contexts for Constitutionalism and Governance
- Index
Summary
What is the added value – or disvalue – of a “right to effective governance”? That question is phrased in relative terms, and needs a baseline. If the baseline is the United States Constitution, then suffice it to say that the US Constitution is notoriously an eighteenth-century constitution with a few later additions, and that it includes rather few “positive rights” (meaning affirmative rights to government action, as opposed to negative rights to government forbearance). Assuming that the “right to effective governance” is defined in a manner that actually requires the government to do something, and especially if the right is enforceable by private persons, then it would add a great deal to the requirements of the US Constitution. (Whether the result would be a net benefit is a different question.)
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- Constitutionalism and a Right to Effective Government? , pp. 97 - 104Publisher: Cambridge University PressPrint publication year: 2022