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Part I - Adjudication and Rights

Global Trends

Published online by Cambridge University Press:  04 April 2019

Katharine G. Young
Affiliation:
Boston College, Massachusetts
Amartya Sen
Affiliation:
Harvard University, Massachusetts
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Summary

This chapter draws upon an original dataset on ESRs in national constitutions to provide empirically grounded answers to how common is the broad category of ESR in constitutions around the world, whether there are differences in the specific social rights that are guaranteed constitutional protection. And what accounts for variation in the scope and nature across polities? It analyzes a new addition to the dataset that identifies changes in the presence and formal justiciability of ESRs from 2000 to 2016. The authors measure patterns of convergence and polarization in ESR entrenchment along three axes: region, legal tradition and types of rights. This analysis reveals that recent constitutions and constitutional amendments continue the trend. In 2016, ESRs are not only more present in constitutions but they are also more likely to be justiciable than ever before. Certain ESRs have become standard features of constitutions and of constitutional jurisprudence, in many cases given co-equal status with civil and political rights, while others are likely to remain largely declarative or aspirational in nature, with little impact on the actual realization of human well-being.
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Publisher: Cambridge University Press
Print publication year: 2019

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  • Adjudication and Rights
  • Edited by Katharine G. Young, Boston College, Massachusetts
  • Foreword by Amartya Sen, Harvard University, Massachusetts
  • Book: The Future of Economic and Social Rights
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108284653.003
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  • Adjudication and Rights
  • Edited by Katharine G. Young, Boston College, Massachusetts
  • Foreword by Amartya Sen, Harvard University, Massachusetts
  • Book: The Future of Economic and Social Rights
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108284653.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Adjudication and Rights
  • Edited by Katharine G. Young, Boston College, Massachusetts
  • Foreword by Amartya Sen, Harvard University, Massachusetts
  • Book: The Future of Economic and Social Rights
  • Online publication: 04 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108284653.003
Available formats
×