What's Wrong with Social and Economic Rights?

Abstract

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