The curious case of socio-economic rights (preventing the rational? socio-economic rights and the phenomenon of blaming the victim, Irish style)

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Title: The curious case of socio-economic rights (preventing the rational? socio-economic rights and the phenomenon of blaming the victim, Irish style)
Authors: Murray, Thomas P. (Thomas Patrick)
Permanent link: http://hdl.handle.net/10197/2396
Date: 2009
Abstract: This paper examines the influence of political culture upon constitutional reasoning and deliberation, specifically with regard to answering the question : why have socioeconomic rights not received a more effective protection in the Irish Constitution? Beyond the flotsam and jetsam of crusades and campaigns, I suggest, the politics of the Irish Constitution were and remain, intellectual, moral and ontological. What follows therefore represents a considered defence of this position, primarily with a view to demonstrating the need for a politico-sociological examination of the constitution's development. Drawing on the classic account of constitutional change, namely Basil Chubb's The Politics of the Irish Constitution (1991), I question the conventionally static depiction of the constitution's relationship to social justice concerns. Subsequently, I present an alternative way of approaching this relationship provided by Steven Lukes and HLA Hart, an approach that calls our attention to the underlying battle of ideas concerning justice, morality and the source of human rights. Finally, in light of this approach, I re-evaluate just one of the contributions to the debate on constitutional reform, namely Vincent Grogan's 'The Constitution and the Natural Law'. In demonstrating the implicit assumptions of Grogan's thesis, this paper aims to make clear the potential of this ideational perspective for opening conventional analysis to significant reconsideration.
Funding Details: Not applicable
Type of material: Working Paper
Publisher: University College Dublin. Institute for British-Irish Studies
Series/Report no.: IBIS Working Papers; 94
Copyright (published version): The author, 2009
Keywords: ConstitutionSocio-economic rightsIrelandConstitutional change
Subject LCSH: Political culture--Ireland
Constitutional law--Ireland
Ireland--Economic conditions
Ireland--Social conditions
Other versions: http://www.ucd.ie/ibis/filestore/wp2009/94_murray.pdf
Language: en
Status of Item: Peer reviewed
Conference Details: An early draft of this paper was presented at the conference “Politics, Economy and Society: Irish Developmentalism, 1958-2008”, Institute for British-Irish Studies, University College Dublin, 12 March 2009. Subsequent presentations include those made to the International Society of Political Psychology (Trinity College Dublin, 17 July 2009) and the European Consortium on Political Research (University of Potsdam, 12 September 2009).
Appears in Collections:Institute for British-Irish Studies (IBIS) Working Papers and Policy Papers

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