Blog of the International Journal of Constitutional Law

Tag: Socio-economic rights

  • Daniels v. Scribante: South Africa Pushes the Boundaries of Horizontality and Social Rights

    —Aoife Nolan, University of Nottingham The South African Constitutional Court ruling in Daniels v Scribante and Another[1] is a ground-breaking decision on the right to security of tenure – an aspect of the right to property under the South African Constitution (Section 25(6))[2] that has received relatively limited judicial analysis from a constitutional law perspective.

  • Developments in Indonesian Constitutional Law: The Year 2015 in Review

    [Editor’s Note: This is the eighth installment in our Year-in-Review series. We welcome similar reports from scholars around the world on their own jurisdictions for publication on I-CONnect. Earlier year-in-review reports have been published on Italy, the Slovak Republic, Romania, Belgium, Sweden, the Czech Republic and Lithuania. 

  • Video Interview: Developments in Indian Constitutional Law Featuring Rohan Alva

    —Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Rohan Alva on developments in Indian constitutional law. In the interview, we discuss judicial review, current controversies in the separation of powers, the adjudication of socio-economic rights, the judicial use and non-use of comparative public law, access to courts, and children’s rights.

  • Video Interview: Developments in Spanish Constitutional Law Featuring Benito Alaez Corral

    —Richard Albert, Boston College Law School In this installment of our new video interview series at I-CONnect, I interview Benito Aláez Corral on developments in Spanish constitutional law. In the interview, we explore the constitutional implications of secession, the tension between realizing the promise of socio-economic rights and the increasing financial pressures on the state, the role of Parliament in addressing these and other challenges in Spain, as well as the viability of formal constitutional amendment under the Spanish Constitution.

  • Book Review/Response: Katharine Young and Jamal Greene on Economic and Social Rights

    [Editor’s Note: In this installment of I•CONnect’s Book Review/Response Series, Jamal Greene reviews Katharine Young’s recent book Constituting Economic and Social Rights. Katharine Young then responds to the review.] Review by Jamal Greene –Jamal Greene, Columbia Law School, reviewing Katharine Young, Constituting Economic and Social Rights (Oxford 2012) In San Antonio Independent School District v.

  • New Scholarship Review: Interview with Vanessa MacDonnell

    –Richard Albert, Boston College Law School In this installment of I-CONnect’s interview series, I speak with Vanessa MacDonnell about her forthcoming paper on The Constitution as Framework for Governance. In her paper, Professor MacDonnell proposes a new way of thinking about the role of government, specifically with regard to its affirmative obligations to advance and secure constitutional rights.

  • Striking Down Austerity Measures: Crisis Jurisprudence in Europe

    —Christina M. Akrivopoulou, Adjunct Lecturer, Democritus University of Thrace Due to the socialist ‘Carnation Revolution’ that led the country to its democratization after 1974, Portugal has inherited one of the most powerful Constitutions of Europe regarding the protection of social rights.

  • The Greek Austerity Measures: Violations of Socio-Economic Rights

    —George Katrougalos, Professor of Public Law, Demokritus University, Greece ( Recently, the European Committee of Social Rights (the supervisory body of the European Social Charter) delivered two decisions on collective complaints, condemning Greece for violation of articles 10 and 12 of the Charter because of its austerity legislation enacted in 2010.

  • In Search of Alternative Standards for the Adjudication of Socioeconomic Rights

    —Carlos Bernal, Senior Lecturer, Macquarie University Socioeconomic rights are one of the greatest innovations of contemporary constitutionalism, in particular, of developing countries. Some of their constitutions address the issues of poverty, unsatisfied basic needs, lack of resources for the exercise of freedoms and political rights, and unequal distribution of opportunities and wealth, by means of the entrenchment of this kind of rights.