Ireland: The Separation of Powers Doctrine vs. Socio-Economic Rights
SOCIAL RIGHTS JURISPRUDENCE:EMERGING TRENDS IN COMPARATIVE AND INTERNATIONAL LAW, M. Langford, ed., pp. 295-319, Cambridge University Press
Posted: 16 Jul 2009 Last revised: 18 Sep 2009
Date Written: November 1, 2008
This chapter centres on the protection of socio-economic rights under the Irish constitution. Having provided an overview of the relevant constitutional provisions, the author examines both the historical and contemporary approaches of the Irish courts to socio-economic rights claims. She critiques the way in which concerns about the alleged implications of socio-economic rights adjudication for the separation of powers, as well as reluctance to become involved in what have been deemed issues of 'distributive justice,' have resulted in a failure on the part of the Irish courts to recognise and give proper effect to socio-economic rights.
Keywords: Human Rights, Economic and Social Rights, Constitutional Law, Separation of Powers, Irish Constitution, Justiciability, Judicial Reivew, European Convention of Human Rights Act 2003
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