Article

Socio-Economic Rights

D. M. Davis

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0051

Series: Oxford Handbooks in Law

Socio-Economic Rights

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This article has two primary objectives: to interrogate objections to social and economic rights and, secondly, to examine the extent to which these objections have given rise to different forms of judicial and constitutional responses to social and economic rights in comparative national jurisdictions. It suggests that when courts have compelled the legislature or the executive to justify a policy choice in terms of an articulated conception the meaning of a social and economic right, a process of deliberation flows therefrom which cannot be discounted. It leads to more accountable government, it provides a voice for litigants who would otherwise be silenced, and, in a number of cases, results in the provision of a basic minimum of goods and services to those who otherwise would have been left out in the proverbial cold.

Keywords: social rights; economic rights; constitutional rights; judicial response; courts

Article.  8816 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law ; Law and Society

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