The Justiciability of Social and Economic Rights: An Updated Appraisal

Abstract

In this paper, the authors consider the question of the justiciability of social and economic rights from both a conceptual and an experiential perspective. They first review some of the major concerns that are frequently raised in relation to whether social and economic rights can, or should be, adjudicated by courts, drawing on commentary from experts and judicial and quasi-judicial bodies considering this question. This is followed by an overview of the growing body of jurisprudence from domestic courts and regional and international bodies that have adjudicated social and economic rights. The authors thereby convey a better sense of how the adjudication of social and economic rights operates in practice, and the way in which courts and other bodies address the issues that have been raised with regard to the justiciability of these rights.

Keywords: Economic and Social Rights, Human Rights, Justiciability, Judicial Review, Progressive Realisation, Retrogressive measures, Minimum Core