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Political trust as the basis for a social rights enforcement framework
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Vitale, David (2018) Political trust as the basis for a social rights enforcement framework. Queen's Law Journal, 44 (1). pp. 177-220. ISSN 0316-778X.
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Official URL: https://heinonline.org/HOL/LandingPage?handle=hein...
Abstract
This article advances the claim that the concept of political trust offers a promising basis for a legal framework for enforcing social rights in contemporary social democracies. Specifically, the article offers three justifications for why we should use political trust as the basis for such a framework: an instrumental justification arising out of political trust’s value to contemporary social democracies; a theoretical justification stemming from the fiduciary nature of the citizen-government relationship; and a practical justification connected with the “two wrongs” of social rights enforcement. With those three justifications offered, the article then takes steps to conceptualize political trust in the specific context of social rights – a conceptualization which revolves around three expectations held by citizens with respect to government conduct: an expectation that government will exercise good will toward citizens; an expectation that government will fulfill its fiduciary responsibility to citizens; and an expectation of government competence. This conceptualization provides us with some insight into what a political trust-based framework for enforcing social rights would entail.
Item Type: | Journal Article | ||||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Journal or Publication Title: | Queen's Law Journal | ||||||
Publisher: | Queen's University * Faculty of Law | ||||||
ISSN: | 0316-778X | ||||||
Official Date: | September 2018 | ||||||
Dates: |
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Volume: | 44 | ||||||
Number: | 1 | ||||||
Page Range: | pp. 177-220 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Reuse Statement (publisher, data, author rights): | David Vitale, "Political Trust as the Basis for a Social Rights Enforcement Framework" 44:1 Queen's LJ [2018] Reprinted with permission | ||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||
Date of first compliant deposit: | 7 November 2018 | ||||||
Date of first compliant Open Access: | 9 November 2018 | ||||||
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