The Justiciability of Economic, Social and Cultural Rights

This book includes a general report and a series of special national reports that discuss trends in the judicial enforcement of economic, social and cultural rights in jurisdictions from different regions around the world. The general and special rapporteurs demonstrate that there are clear trends towards the greater inclusion of economic, social and cultural rights within constitutions, as well as towards their greater justiciability. However, the book also highlights the significant variation in how these rights are interpreted, as well as in the approaches taken to issuing judgments and remedies. Moreover, the impact of economic, social and cultural rights is shown to be a very complex issue, dependent on a multitude of factors. Finally, whilst the rapporteurs note that an international law framework governs these rights, this framework has not led to a harmonisation of approaches. As the book discusses the divergent impact of these different approaches, it also suggests the need for a continued experimental— and creative— ethos regarding judicial enforcement of economic, social and cultural rights.

ANGELIKA NUSSBERGER was a former Judge and Vice-President of the European Court of Human Rights, elected on behalf of Germany and is now Professor for Constitutional and International Law at Cologne University DAVID LANDAU holds an A.B., J.D., and Ph.D. (in political science) from Harvard University. He is Mason Ladd Professor and Associate Dean for International Programs at Florida State University College of Law.