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The Constitutional Politics of Socio-Economic Rights: Proceduralism ‘Writ Large’

Daniel Smilov
Publication date: 
Thu, 4 Dec 2008

This policy brief examines the constitutional protection of socio-economic rights in their relationship to the political process.

How should constitutional courts approach claims of socio-economic rights? Should they defer to politically elected bodies? If not, what kind of arguments should judges employ in their reasoning?