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date: 25 September 2020

Abstract and Keywords

This article has two primary objectives: to interrogate objections to social and economic rights and, secondly, to examine the extent to which these objections have given rise to different forms of judicial and constitutional responses to social and economic rights in comparative national jurisdictions. It suggests that when courts have compelled the legislature or the executive to justify a policy choice in terms of an articulated conception the meaning of a social and economic right, a process of deliberation flows therefrom which cannot be discounted. It leads to more accountable government, it provides a voice for litigants who would otherwise be silenced, and, in a number of cases, results in the provision of a basic minimum of goods and services to those who otherwise would have been left out in the proverbial cold.

Keywords: social rights, economic rights, constitutional rights, judicial response, courts

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