Chapter

The Implementation of Constitutional Social Rights

Cécile Fabre

in Social Rights Under the Constitution

Published in print March 2000 | ISBN: 9780198296751
Published online November 2003 | e-ISBN: 9780191599200 | DOI: http://dx.doi.org/10.1093/0198296754.003.0006
 The Implementation of Constitutional Social Rights

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I consider the claim that social rights cannot be constitutionalized and protected by the judiciary, because the latter is unable to adjudicate rights which, by nature, are vague and cannot constitute a solid basis for assessing governmental policy‐making. I reject this practical objection to constitutional social rights whilst taking on board some of its insights, by looking at the ways in which social rights are given specific content by institutions such as the ILO and the UN, and at the way constitutional social rights are dealt with by some domestic constitutional courts.

Keywords: Belgium; constitution; courts; France; International Labour Organization; judiciary; policy‐making; social rights; South Africa; United Nations

Chapter.  15774 words. 

Subjects: Political Theory

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