Reflections on Judicial Enforcement of Social and Economic Rights in the 21st Century

Reflections on Judicial Enforcement of Social and Economic Rights in the 21st Century

Volume 4 Issue 2 ()

At the present time a consensus has emerged on two points involving the constitutional status of social and economic rights, the so-called “second generation” rights. First, such rights are properly included in modern constitutions, and second, they are enforceable to the same extent as first-generation rights to political participation, free expression, equality, and the like. After explaining the current status of social and economic rights in modern constitutions, these reflections identify two important matters that continue to arise: the forms of enforcement and remedies are appropriate for second- generation rights, and some continuing concerns about effective enforcement. Important recent scholarship develops new concepts to supplement older ones, and the new vocabulary is likely to be quite helpful as scholars consider the directions the law takes in different jurisdictions…

Cite as: Mark Tushnet, Reflections on Judicial Enforcement of Social and Economic Rights in the 21st Century, 4 NUJS L. Rev. 177 (2011)