Economic and Social Rights across Time, Regions, and Legal Traditions: A Preliminary Analysis of the TIESR Dataset

Jung, Courtney, and Evan Rosevear, 2012, “Economic and Social Rights Across Time, Regions, and Legal Traditions: A Preliminary Analysis of the TIESR Dataset.” Nordic Journal of Human Rights 30(3): 374-96

23 Pages Posted: 5 Mar 2013

See all articles by Courtney Jung

Courtney Jung

Department of Political Science, University of Toronto

Evan Rosevear

The University of Hong Kong - Faculty of Law

Date Written: March 4, 2013

Abstract

Nearly all written constitutions in the developing world contain one or more economic and social rights. However, some rights are more commonly enshrined than others, and there is wide variation in terms of whether such rights are identified as justiciable – enforceable in a court of law – or merely aspirational. The most interesting variations occur along three dimensions: time, region, and legal tradition. Most constitutions are new, and the contemporary constitutional model affords greater standing to economic and social rights than the previous post-War model. There are significant regional differences in the relative prevalence of such rights, and some regions exhibit a clear regional norm with respect to economic and social rights. Finally, the constitutions of common law countries are significantly less likely to include economic and social rights, and to identify them as justiciable, than those of civil law countries. This article reports some of the initial findings of a new dataset measuring the constitutional entrenchment of economic and social rights.

Keywords: Economic Rights, Social Rights, Comparative Constitutional Law

Suggested Citation

Jung, Courtney and Rosevear, Evan, Economic and Social Rights across Time, Regions, and Legal Traditions: A Preliminary Analysis of the TIESR Dataset (March 4, 2013). Jung, Courtney, and Evan Rosevear, 2012, “Economic and Social Rights Across Time, Regions, and Legal Traditions: A Preliminary Analysis of the TIESR Dataset.” Nordic Journal of Human Rights 30(3): 374-96 , Available at SSRN: https://ssrn.com/abstract=2228399

Courtney Jung

Department of Political Science, University of Toronto ( email )

Sidney Smith Hall
100 St George Street
Toronto, Ontario M5S 3G3
Canada

Evan Rosevear (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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