A Comparative Typology of Courts

Katharine G. Young

in Constituting Economic and Social Rights

Published in print August 2012 | ISBN: 9780199641932
Published online September 2012 | e-ISBN: 9780191746086 | DOI:

Series: Oxford Constitutional Theory

A Comparative Typology of Courts

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This chapter presents a comparative typology of courts engaged in adjudicating economic and social rights claims. It suggests that the stances towards judicial review points to a variety of role conceptions, and it diagrammatically demarcates supremacist, engaged and detached courts. These are evidenced with examples from the Colombian Constitutional Court in its application of the constitutional protections of education, health care and housing, the Indian Supreme Court in its application of the constitutional rights to education, to life, and directive principles protective of rights to health, housing and food, and the United Kingdom courts, in applying the positive obligations which are created by the Human Rights Act 1988 (UK) and the ECHR. The chapter places each of these role conceptions in a broader institutional context, describing the impact of the investigative and advisory roles of the administrative and legislative bodies, such as national human rights commissions and legislative scrutiny committees

Keywords: comparative typology; supremacy; engagement; detachment; administrative enforcement; legislative enforcement; Colombian constitutional court; Indian supreme court

Chapter.  12580 words.  Illustrated.

Subjects: Constitutional and Administrative Law

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