The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and...The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and protection of the disadvantaged group is the moral law characteristic of humanity, just as the Universal Declaration of Human Rights says in its Article 1： ＂All human beings are born free and equal in dignity and rights.展开更多
The aim of this paper is to challenge the traditional or standard view of the current processes of decentralisation within institutions and administrations, in order to reconstruct the dynamic of such processes in ter...The aim of this paper is to challenge the traditional or standard view of the current processes of decentralisation within institutions and administrations, in order to reconstruct the dynamic of such processes in terms of new values and new rights. Therefore, this paper censures the ＂reductionist＂ vision of decentralisation that envisages it merely as an administrative and institutional event and, in contrast, develops a concept of decentralisation as a social, political, and legal process linked to new constitutional values and new fundamental rights, whereby, it might be included within the sphere of a general theory of rights and take on an important role within this area. This work vindicates the idea that contemporary decentralization must form a part of the historical processes of the generalisation and specification of rights where in the goal is the fulfilment of the following maxim： rights for all and not merely for a few. To achieve this goal, decentralisation can incorporate the instrument of ＂positive discrimination＂ as a ＂strategy for equality＂, which can employ to create ＂specific rights＂ aims primarily at the members of the most vulnerable groups.展开更多
文摘The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and protection of the disadvantaged group is the moral law characteristic of humanity, just as the Universal Declaration of Human Rights says in its Article 1： ＂All human beings are born free and equal in dignity and rights.
文摘The aim of this paper is to challenge the traditional or standard view of the current processes of decentralisation within institutions and administrations, in order to reconstruct the dynamic of such processes in terms of new values and new rights. Therefore, this paper censures the ＂reductionist＂ vision of decentralisation that envisages it merely as an administrative and institutional event and, in contrast, develops a concept of decentralisation as a social, political, and legal process linked to new constitutional values and new fundamental rights, whereby, it might be included within the sphere of a general theory of rights and take on an important role within this area. This work vindicates the idea that contemporary decentralization must form a part of the historical processes of the generalisation and specification of rights where in the goal is the fulfilment of the following maxim： rights for all and not merely for a few. To achieve this goal, decentralisation can incorporate the instrument of ＂positive discrimination＂ as a ＂strategy for equality＂, which can employ to create ＂specific rights＂ aims primarily at the members of the most vulnerable groups.
