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Human Rights in Philosophy & Practice

Ashgate Publishing (2001)

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  1. Basic Social Rights, Constitutional Justice, and Democracy.Rodolfo Arango - 2003 - Ratio Juris 16 (2):141-154.
    The theory of rights is crucial as a means of relieving the tension between basic rights and democracy, and as a means of resolving the problem of allocating competence between the constitutional court and the legislature. To some theorists, no tension between basic rights and democracy exists, for the latter presupposes the former. To others, among whom I include myself, tension does exist, for basic rights, in lending protection to certain persons and groups, limit the possibilities of political decision. In (...)
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