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  • 11 - The New Managerialism

  • from Part IV - The Role of Courts in Building State Capacity and Promoting Effective Self-Government While Protecting Rights
  • Edited by Vicki C. Jackson, Harvard Law School, Massachusetts, Yasmin Dawood, University of Toronto
  • Book: Constitutionalism and a Right to Effective Government?
  • Published online: 20 October 2022
  • Print publication: 27 October 2022, pp 135-150

  • Summary

    The constitutional entrenchment of economic and social rights often requires courts to intervene directly in the administration of government. Such rights – to access goods, services, and programs such as social security, education, and health care – are now present in more than two-thirds of the world’s constitutions.1 Newer constitutional amendments extend such rights to housing, land, water, and a clean environment, implicating a wide array of government actions or omissions. Moreover, despite the conventional wisdom that such rights should not be enforced by courts, and should be entrenched at most as directive principles or other statements of aspiration, the duties for government that such rights create are increasingly justiciable.2 For better or worse, courts have become central in enforcing both negative and positive duties, in complaints arising from such matters as medical treatment denials, evictions, education outcomes, pollution levels, or food distribution schemes.

  • 21 - Waiting for Rights

  • from Part VI - Rights and Accountability
  • Edited by Katharine G. Young, Boston College, Massachusetts
  • Foreword by Amartya Sen, Harvard University, Massachusetts
  • Book: The Future of Economic and Social Rights
  • Published online: 04 April 2019
  • Print publication: 11 April 2019, pp 654-683

  • Summary

    The obligation of "progressive realization" under the International Covenant on Economic and Social Rights is often interpreted in light of available resources. This chapter examines, instead, the variable of time. Noting that delay of rights is akin to denial of rights, Young explores the various ways in which accountability models, at the international level, have elaborated on concrete, and temporal, benchmarks. These include the minimum core, and non-retrogression doctrines, and the exercises in comparative rankings. These are important sources of accountability, especially for positive obligations. And yet with the promise of rights, law nevertheless structures the expectations of rights-holders. This chapter examples how "waiting" for rights may be an especially passive, disempowering and anti-solidaristic experience and in so doing reveals greater insight on a tension with underlies the recognition of fundamental material interests as rights.

The Future of Economic and Social Rights
  • Edited by Katharine G. Young
  • Foreword by Amartya Sen
  • Published online: 04 April 2019
  • Print publication: 11 April 2019
  • The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a single-minded conception of development as economic growth, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. However, today, under conditions of immense poverty, insecurity, and political instability, the rights to education, health care, housing, social security, food, water, and sanitation are central components of the human rights agenda. The Future of Economic and Social Rights captures the significant transformations occurring in the theory and practice of economic and social rights, in constitutional and human rights law. Professor Katharine G. Young brings together a group of distinguished scholars from diverse disciplines to examine and advance the broad research field of economic and social rights that incorporates legal, political science, economic, philosophy and anthropology scholars.

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