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 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.
