Chapter

Interpreting Limits

Katharine G. Young

in Constituting Economic and Social Rights

Published in print August 2012 | ISBN: 9780199641932
Published online September 2012 | e-ISBN: 9780191746086 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641932.003.0004

Series: Oxford Constitutional Theory

Interpreting Limits

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

This chapter considers how the application of economic and social rights may be limited according to the same legal apparatus that establishes them. A six-part presentation of the varying modes of limiting rights is provided, which includes the doctrines and textual requirements of progressive realization, reasonable limitation, suspension, derogation, override, reservation, amendment, and underenforcement. Constitutional law and international human rights law ensure that these constraints on rights are subject to their own justificatory constraints. Two processes of justification, which are contained in reasonableness review and proportionality analysis, are discussed. These are examined in light of the South African Constitution and the South African Constitutional Court’s approach to interpreting the limits of economic and social rights, and in light of other comparative examples from Germany, Canada and the European and United Nations human rights instruments

Keywords: progressive realization; reasonable limitation; suspension; derogation; override; reservation; amendment; underenforcement; proportionality; reasonableness review; South African constitution

Chapter.  14945 words. 

Subjects: Constitutional and Administrative Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.