"Why do states opt to constitutionally entrench economic and social rights? Why do societies demand them? These are the central puzzles of Contesting Economic and Social Rights in Ireland. While most studies of socio-economic rights focus on legal or normative argumentation, Thomas Murray proposes that questions of rights and redistribution necessitate the analysis of power in society. Murray draws on new archival, case-law and statistical research to reconstruct socio-economic rights discourses from across Irish society, to demonstrate the tension between state and civil society discourses, and to trace an untold history of their contested development over time. From the mid-19th to the early 21st century, Ireland's conservative and nationalist constitutional projects have tended to dominate or incorporate social democratic and radical ones, albeit in a process continually contested at critical junctures. The rich and diverse history of people's struggles for justice 'from below' -- from organic courts in days of popular militancy to unemployed marches, from housing action protesters to striking workers -- provides an alternative, oppositional perspective on constitutionalism from which to recuperate and assess the possibilities and limits of advocating economic and social rights today" -- Publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Constitution 'from below' in Ireland: 1848-1922 'Not alone personal liberty but economic freedom': Socio-economic rights in the making of the 1922 Irish free state Constitution 'Highly dangerous'? Socio-economic rights in the making of the 1937 Irish Constitution Contesting the Irish Consitution and the world-system: 1945-2008 The polarities of justice and legal business Contesting property rights Contesting trade union rights Contesting family, education, and welfare rights Reproducing the value-consensus stare Constitution 'from below' in Ireland: 1945-2008 Contesting economic and social rights today.
KDK1255 .M87 2016
Cambridge, United Kingdom : Cambridge University Press, 2016.