2012年
When Law is Facing Poverty – Looking for a New ‘Adjudicative Space’ for Social Rights
- 担当区分
- 分担執筆
- 担当範囲
- in M. Humbert, Y. Sato (eds), Social Exclusion, Perspectives from France and Japan : p. 129-143.
- 出版者・発行元
- Trans-Pacific Publishers
- 記述言語
- 英語
- 著書種別
- 学術書
- DOI
- ISBN
- 9781920901691
Would the rights of the poor be poor rights? Acknowledging the legally binding character of fundamental social rights (or their juridicité) is one thing; fully recognising the possibility for rights holders to claim effective protection and remedy before the court (or “justiciability”) is another. If the former has become indisputable, the latter is still debated. This chapter examines the recognition of the legally binding character of socio-economic rights, and raises the general problem of the justiciability of such rights. While describing the long way to justiciability in France, it also sheds further light on the ongoing constitutionalisation of these rights, provides a comparative overview of the growing body of jurisprudence related to their protection, and focuses on the special case of the right to decent housing (enshrined in the legislation and enforceable). It also examines the importance of the various academic initiatives taken to convey a better sense of how the adjudication of social and economic rights operates in practice.
- ID情報
-
- ISBN : 9781920901691