{"title":"Defending rights. Between parliaments and courts","authors":"G. Amato","doi":"10.1177/01914537231166868","DOIUrl":null,"url":null,"abstract":"In principle, it should be for the Courts, which are not majoritarian institutions, to stand for the rights, even more for the new rights, that are minoritarian by definition. How far can the Courts safely go, when the recognition of such rights raises intense divergencies of opinion, confrontations between different collective identities, that populist movements can support and amplify? When should they leave the decision to the parliaments, which represent the will and the opinions of the citizens?","PeriodicalId":46930,"journal":{"name":"PHILOSOPHY & SOCIAL CRITICISM","volume":null,"pages":null},"PeriodicalIF":0.6000,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"PHILOSOPHY & SOCIAL CRITICISM","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/01914537231166868","RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
引用次数: 0
Abstract
In principle, it should be for the Courts, which are not majoritarian institutions, to stand for the rights, even more for the new rights, that are minoritarian by definition. How far can the Courts safely go, when the recognition of such rights raises intense divergencies of opinion, confrontations between different collective identities, that populist movements can support and amplify? When should they leave the decision to the parliaments, which represent the will and the opinions of the citizens?
期刊介绍：
In modern industrial society reason cannot be separated from practical life. At their interface a critical attitude is forged. Philosophy & Social Criticism wishes to foster this attitude through the publication of essays in philosophy and politics, philosophy and social theory, socio-economic thought, critique of science, theory and praxis. We provide a forum for open scholarly discussion of these issues from a critical-historical point of view. Philosophy & Social Criticism presents an international range of theory and critique, emphasizing the contribution of continental scholarship as it affects major contemporary debates.
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