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Legal Theory Seminar on adjudication, judicial protection and social rights

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Veranstaltung: Dienstag, den 28. März 2017, 09:00 - 18:00
Ort: Faculté de Droit
Weicker Building, room B001
4, rue Alphonse Weicker
L-2721 Luxembourg

Abstract

In the years since the Second World War, many Western states have adopted justiciable bills of rights, thereby empowering courts to play a significant role in defining the moral boundaries of their communities. However, at the same time, the increasingly evident divisions in Western societies – between left and right, secular and religious perspectives, etc. – render the legitimacy of such exercises of judicial power precarious. How can judicial protections of constitutional rights be justified when reasonable people (and indeed, reasonable legal experts) disagree, fundamentally, about the content and implications of those rights? Are there forms of adjudication that can strike an appropriate balance between an awareness of such disagreement, and the demand, now deeply embedded in the legal consciousness of the West, for effective, independent checks on the political branches of government – checks that can remedy serious human suffering?

 

The workshop will address these questions, inter alia, with a particular focus on the problem posed by justiciable social and economic rights, which are often thought to exacerbate the dilemmas above 1) insofar as they involve interests that are essential to a basic, human existence (e.g. interests in food, shelter, or dignified work), and 2) insofar as their protection involves highly political and delicate questions of resource allocation – questions that courts are traditionally seen as poorly equipped to deal with, given their comparative lack of democratic legitimacy and policy expertise.

 

Eventbrite - legal-theory-seminar-on-adjudication-judicial-protection-and-social-rights-registration-32686465097
Daten: Invitation_Legal Theory on AdjudicationV2.pdf 80,38 kB