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A Typology of Economic and Social Rights Adjudication: Exploring the catalytic function of judicial review

Young, Katharine


The tensions that are often thought to exist between democracy and constitutionalism are especially pronounced with respect to the entrenchment of economic and social rights. Within current understandings of judicial review, courts appear to lack the competency and the legitimacy for economic and social rights adjudication. In this article, I draw on the South African Constitutional Court's experience with justiciable economic and social rights to present a typology of judicial review, which...[Show more]

CollectionsANU Research Publications
Date published: 2010
Type: Journal article
Source: International Journal of Constitutional Law
DOI: 10.1093/icon/moq029


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