The constitutional politics of socio-economic rights: proceduralism ‘writ large’

Report

This policy brief examines the constitutional protection of socio-economic rights in their relationship to the political process.

How should constitutional courts approach claims of socio-economic rights? Should they defer to politically elected bodies? If not, what kind of arguments should judges employ in their reasoning?

Authors: Smilov, D

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Foundation for Law, Justice and Society
• Series: Courts and the making of public policy AND The social contract revisited
• Place of publication: http://www.fljs.org/content/courts-and-making-public-policy-publications-0
• Publication date: 2008-01-01
• Edition: Publisher's version
• Language: English
• Keywords: Political questions and judicial power; Social contract; Constitutional courts; Social rights; Proceduralism
• Subjects: European Law; Constitutional & administrative law; Public policy; Human rights; Socio-legal studies; Democratic government