LAW 7375

Judicial Enforcement of Socio-Economic Rights

Course Description

Course information provided by the Courses of Study 2015-2016.

The purpose of the seminar is to introduce students to the complexities involved in the judicial enforcement of social and economic rights, in particular, the philosophical, democratic and practical concerns about the role of the judiciary in the enforcement of social and economic rights. These concerns arise sharply in the context of the inclusion of social and economic rights in a constitution that is to be interpreted and enforced by the courts. Is the enforcement of these rights by courts undemocratic? Does the inclusion of these rights in a constitution force courts to violate the principle of the separation of powers because in the course of adjudicating on these rights courts are invariably required to make decisions that have implications for the allocation of resources and the formulation of policy? Do courts have the institutional competence to make decisions that are polycentric in nature? To lay foundation for exploring these concerns, the seminar will consider (a) the foundation of social and economic rights; (b) the emergence of the international regime on social and economic rights; and (c) various methods use in national legal systems to protect social and economic rights. The debate on the role of the judiciary in the enforcement of social and economic rights will be explored in the light of judicial experiences in countries such as India, South Africa, United States and Northern Ireland.

When Offered Fall.

Permission Note Limited enrollment.

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