If I should fall behind. An examination of constitutional guarantees of socio-economic rights

Abstract

In assessing contemporary debate on socio-economic rights the growth of global capitalist market economics, as well as a rejection (certainly in the United States) of the traditional welfare model has heralded a general disenchantment with the conventional wisdom that socio-economic matters should be left to the legislature and are beyond the purview of the judiciary. In addition there is a growing opinion that ensuring adequate protection for core civil and political rights may tangentially require securing socio-economic rights as well, for example, the provision of minimum levels of education, health and social support. This paper will seek to examine the development of constitutional guarantees that protect socio-economic rights in Canada, the United States, India and South Africa and compare the efficacy that these guarantees have yielded.