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

See all articles by Aoife Nolan

Aoife Nolan

University of Nottingham - School of Law

Date Written: November 1, 2008

Abstract

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

Suggested Citation

Nolan, Aoife, Ireland: The Separation of Powers Doctrine vs. Socio-Economic Rights (November 1, 2008). SOCIAL RIGHTS JURISPRUDENCE:EMERGING TRENDS IN COMPARATIVE AND INTERNATIONAL LAW, M. Langford, ed., pp. 295-319, Cambridge University Press. Available at SSRN: https://ssrn.com/abstract=1434905

Aoife Nolan (Contact Author)

University of Nottingham - School of Law ( email )

University Park
Nottingham, NG8 1BB
United Kingdom

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