Chapter

Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights

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/9780199641932.003.0010

Series: Oxford Constitutional Theory

Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights

More Like This

Show all results sharing this subject:

  • Constitutional and Administrative Law

GO

Show Summary Details

Preview

The chapter concludes the book, revisiting the framework of “constituting” rights as a construction that allows us to recognize the practical importance of law, reason and social fact in bringing economic and social rights into reality. It examines the interchangeability of constitutional and human rights, in light of their normative emphasis on individual freedom and dignity, and their shared conceptual treatment of the state. It also suggests that extensive links between international human rights and constitutional rights are established through transjudicial dialogue, borrowing, common structures of reasoning and interpretation, and transnational movements. It argues that norm divergence, and democratic concerns are not sufficient to warrant a separate analysis. This chapter also notes the areas of private law that demand further attention in light of economic and social rights. Finally, it offers a justification for the broad selection of comparative examples offered in the book.

Keywords: constituting; human rights; international human rights; constitutional rights; freedom; dignity; transjudicial dialogue; private law; comparative law; case selection

Chapter.  5217 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.