TY  - BOOK
AU  - Cueni,Damian
TI  - Basic rights and costs in political  value: The expressive point of the two-step framework
T2  - International Journal of Constitutional Law
PY  - 0000/// ,
PB  -  : 
KW  - Derechos adquiridos
KW  - Derechos cívicos
KW  - Análisis político
KW  - Aspectos políticos
N1  - Contiene referencias bibliográficas
N2  - Within the two-step framework of basic rights adjudication, the first step asks whether the  scope of a right has been infringed, and the second step looks at the justification for the infringement to assess whether a right was violated. Many scholars have offered theoretical  accounts of the second, “justification,” stage, but there is widespread puzzlement about  the practical point of the first, “scope,” stage. Against calls to either radically narrow or  broaden the scope of basic rights, this article presents an account of the first stage that  suggests a more moderate approach to the scope of basic rights and makes sense of its distinct normative significance. Drawing on Bernard Williams’s work on conflicts between  liberty and equality, this article develops a novel understanding of “costs in political value”  and argues that the expressive point of the two-step framework is to acknowledge and respect particularly grievous costs in political value. The doctrinal judgment that there has  been a “basic rights infringement” is meant to express such acknowledgment and respect,  even if these costs can be justified and there is no “basic rights violation.” This article offers  practical guidance for thinking about inclusions and exclusions from the scope of basic  rights and illustrates how the two-step framework mediates between legal and political  discourse
UR  - https://mpr.koha.es/cgi-bin/koha/opac-retrieve-file.pl?id=907158b9fcd27357eb19678c2a12a65a
ER  -