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All Journal International Journal of Law and Public Policy (IJLAPP)
Karimi, Sirvan
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Law, Crime, Criminology & Criminal Justice

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From Progressive Radicalism to Democratic Degeneration: The Trajectory of John Locke's Political Theory Karimi, Sirvan
International Journal of Law and Public Policy (IJLAPP) Vol 3 No 1: March 2021
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0301.173

Abstract

As an organic intellectual of the emerging propertied class in 17th century England, John Locke has made an enduring contribution to the prevailing ideas shaping the socio-political order in Western societies and beyond. Through invoking the law of nature and natural rights which were nothing more than what he had abstracted from the socio-economic conditions of the seventeenth century and had projected back into the state of nature, Locke assiduously embarked on justifying the separation of civil society from the state, naturalizing class inequalities identifying the preservation of property as the fundamental function of the state, and rationalizing the subordination of propertyless classes to the emerging liberal democratic political order geared to preserve the interests of economically hegemonic classes.
Liberalism, Law and Social Rights: The Charter of Rights and Freedoms in the Era of Welfare State Restructuring Karimi, Sirvan
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 1: March 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0401.325

Abstract

Despite expanding the boundary of formal equality, the Charter of Rights and Freedoms is conducive to rationalizing liberalism's conception of the role of the state. Contrary to the hasty expectation of social rights advocates who hoped that they can utilize the Charter to advance social rights in Canada, the Charter has in fact been interpreted by the courts in a manner that justifies the subordination of the social rights to the vicissitudes in the economic sphere, which has historically been ingrained as an overriding tenet of liberalism. In line with a long-held liberal principle that the real threat to individual liberty emanates from the state, not private property relations which are indeed the basis for socio-economic inequalities, the Charter interpretations by the courts have, in fact, reinforced a legal rationalization for the neoliberal-motivated forces of welfare state retrenchment which are reflected in the courts’ refusal from imposing any positive obligation on the state to provide the basic means of subsistence for citizens as a matter of right. Thus, judicial interpretation of the Charter reflects and reinforces the nineteenth-century liberal tenet that the judiciary can restrain but cannot compel the state to take positive actions.
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