Book contents
- Trust, Courts and Social Rights
- Cambridge Studies in Constitutional Law
- Trust, Courts and Social Rights
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Conceptualising Trust in the Social Rights Context
- 3 The Citizen–Government Relationship in a Network of Trust Relationships
- 4 A Trust-Based Framework for Enforcing Social Rights?
- 5 The Expectation of Goodwill
- 6 The Expectation of Competence
- 7 The Expectation of Fiduciary Responsibility
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in Constitutional Law
2 - Conceptualising Trust in the Social Rights Context
Published online by Cambridge University Press: 08 February 2024
- Trust, Courts and Social Rights
- Cambridge Studies in Constitutional Law
- Trust, Courts and Social Rights
- Copyright page
- Contents
- Acknowledgements
- Table of Cases
- 1 Introduction
- 2 Conceptualising Trust in the Social Rights Context
- 3 The Citizen–Government Relationship in a Network of Trust Relationships
- 4 A Trust-Based Framework for Enforcing Social Rights?
- 5 The Expectation of Goodwill
- 6 The Expectation of Competence
- 7 The Expectation of Fiduciary Responsibility
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in Constitutional Law
Summary
This chapter lays the necessary conceptual foundation for the book’s proposed trust-based framework. It draws on theoretical and empirical scholarship on trust to offer a conceptualisation of trust in the social rights context. It first envisages trust as relational, meaning that trust may only arise in a relationship that contains three elements: control, discretion/uncertainty and vulnerability (a ‘trust relationship’). Secondly, it defines trust in a trust relationship as a set of three expectations held by a truster about a trustee: an expectation that the trustee will exercise goodwill towards the truster (‘expectation of goodwill’); an expectation that the trustee will exercise competence towards the truster (‘expectation of competence’); and an expectation that the trustee will fulfil her fiduciary responsibility (if any) to the truster (‘expectation of fiduciary responsibility’). The chapter then applies this conceptualisation to the relationship between citizens and the elected branches of government with respect to social rights (the ‘citizen-government relationship’), characterising it as a trust relationship and defining trust in it.
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- Trust, Courts and Social RightsA Trust-Based Framework for Social Rights Enforcement, pp. 26 - 57Publisher: Cambridge University PressPrint publication year: 2024