Publications
Publication details
Nolan, A., Porter, Bruce. & Langford, Malcolm. (2007). The Justiciability of Social and Economic Rights: An Updated Appraisal. New York: New York University School of Law, Center for Human Rights and Global Justice. 15.- Publication type: Other publications: research
- Keywords: Social and economic rights, Justiciability, Judicial review, Institutional capacity, Human rights.
- View online: Online version
- Durham research online: DRO record
Author(s) from Durham
- Dr Aoife Nolan
Abstract
In this paper, we consider the question of the justiciability of social and economic rights from
both a conceptual and an experiential perspective. We first review some of the major concerns
that are frequently raised in relation to whether social and economic rights can, or should be,
adjudicated by courts, drawing on commentary from experts and judicial and quasi-judicial
bodies considering this question. This is followed by an overview of the growing body of
jurisprudence from domestic courts and regional and international bodies that have adjudicated
social and economic rights. This is provided in order to convey a better sense of how the
adjudication of social and economic rights operates in practice, and the way in which courts and
other bodies address the issues that have been raised with regard to the justiciability of these
rights.