Social Rights Under the Constitution: Government and the Decent Life

The book theoretically examines the recent and topical debates over democracy and social rights, arguing that there are four fundamental rights that should be constitutionalized; minimum income; housing; healthcare; and education. The theoretical discussion is explored within an analysis of important legal cases.
Democracy and the social right to minimum income, housing, education, and health care are some of the most hotly debated issues in political philosophy. Interestingly, those who engage in penetrating discussions on social rights do not usually reflect on the implications of their arguments for democracy. Theorists of social justice are met with equal indifference on the part of theorists of democracy. This book stems from the perception that there is a conflict between the demands of democracy and the demands of social rights, and the resulting recognition that the question of the relationship between these two values cannot be ignored. It is thus located at the crossroads of two of the most important bodies of philosophical literature. The author argues that everybody has four basic social rights and that these rights should be constitutionalized. The claim about the constitutionalization of basic human rights rests on the assumptions that we all have a fundamental interest in leading a minimally decent life, and that autonomy and well-being are two privileged conditions for such a life.