Courting Economic and Social Rights in Palestine: Justiciability, Enforceability and the Role of the Supreme Constitutional Court

Journal Sharia and Law, College of Law, U.A.E. University, No. 77, January 2019

21 Pages Posted: 22 Mar 2018  

Asem Khalil

Birzeit University

Date Written: January 1, 2019

Abstract

In this paper, I will discuss whether Economic and Social Rights (ESRs) constitute fundamental rights in Palestine, as a result of their entrenchment in the constitutional text, the Basic Law of the Palestinian Authority; and if yes, which ones. In fact, while in International Human Rights Law (IHRL), ESRs are presented as a monolithic category of rights, they are not treated as such in national constitutions. Some rights are simply missing from the text; others are present but enjoy different status within the constitution – often depending on the way they are written in the constitutional text, and on the way they are applied by state institutions, in particular the courts. I will also discuss whether those fundamental ESRs, in particular those that appear to be legally binding as a result of their entrenchment in the constitutional text, are – and ought to be – justiciable. I will finally discuss the theoretical and practical objections to the role of a specialized Court in enforcing entrenched ESRs, through constitutional adjudication.

Keywords: Economic and Social Rights; Constitutional Law; Palestine; Constitutional Court

JEL Classification: K00; K1; K10; K33; K39

Suggested Citation

Khalil, Asem, Courting Economic and Social Rights in Palestine: Justiciability, Enforceability and the Role of the Supreme Constitutional Court (January 1, 2019). Journal Sharia and Law, College of Law, U.A.E. University, No. 77, January 2019. Available at SSRN: https://ssrn.com/abstract=3142161

Asem Khalil (Contact Author)

Birzeit University ( email )

Birzeit, PA
Palestine

HOME PAGE: http://birzeit.academia.edu/AsemKhalil

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