Controlo judicial das restrições aos direitos sociais

Translated title of the contribution: Judicial review of limitations to social rights

Research output: Contribution to journalArticle

75 Downloads

Abstract

Social rights in their defensive or negative dimension are increasingly brought within the framework of the (continental) model of judicial review of limitations to basic liberties. The same is not true of the positive or performance claim dimension of such rights. The most compelling traditional arguments to that effect point to structural differences between negative and positive rights, differences enhanced when the latter concern the provision of social goods. This essay purports to show that, in a wide range of cases, there is no structural hurdle (or of any other nature) in the way of subjecting legislative interference with social rights to the proportionality analysis characteristic of the model of judicial review of limitations to basic liberties.
Translated title of the contributionJudicial review of limitations to social rights
Original languagePortuguese
Pages (from-to)65-94
Number of pages30
JournalE-Pública
Volume7
Issue number3
Publication statusPublished - Dec 2020

Keywords

  • Social rights
  • Positive rights
  • Limitations
  • Proportionality
  • Analogous nature
  • Horizontal deficit

Fingerprint

Dive into the research topics of 'Judicial review of limitations to social rights'. Together they form a unique fingerprint.

Cite this