What's Wrong with Social and Economic Rights?
11 National Journal of Constitutional Law 235-46, 2000
12 Pages Posted: 17 Aug 2013
Date Written: 2000
In the following article the author examines prevailing critiques of judicial recognition of social and economic rights in Canada. She argues that such critiques are flawed in a number of regards. In particular, they draw inaccurate distinctions between social and economic and more “classical” human rights; they exaggerate problems of judicial competence raised by social and economic rights claims; and they create a false dichotomy between individual rights and democracy. The author concludes that judicial recognition of social and economic rights can serve as a valuable mechanism for social change, as well as ensure that the Constitution better reflects the values and aspirations of all Canadians, and not merely the most advantaged.
Keywords: judicial, social, economic, rights, Canada, law, legal, constitution, charter, Canadian, human rights, competence, social change
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