Rights and Imperfect Procedural Justice

Abstract

 I will refer to the following problem: if we accept a theory of justice among whose principles there are some that confer basic rights, are we then committed to accepting some consequences in the design of our political institutions? And, specifically, (i) should we design the political structure of society in such a way that, at least, some of those basic rights are entrenched in a Bill of Rights that enjoys primacy over ordinary legislative activity? and (ii) what place, if any, should jurisdictional bodies have in protecting the basic rights set forth in the Bill of Rights?