Socio-Economic Rights and Judicial Review

  • Sheheen Marakkar and Anila K.
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  • Sheheen Marakkar

    LL.M. student at School of Legal Studies, Cochin University of Science and Technology, India

  • Anila K.

    LL.M. student at School of Legal Studies, Cochin University of Science and Technology, India

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Socio-economic rights are an integral component of human rights that ensure basic needs, such as housing, health, education, and employment, are met for all individuals in society. While some countries have constitutional provisions that guarantee these rights, enforcing them can be challenging due to their non-justiciable nature. Judicial review is one mechanism that can be used to enforce socio-economic rights. It allows for the review of legislative or executive decisions that impact these rights and can lead to a court order to enforce them. However, judicial review of socio-economic rights is not without controversy. Some argue that it infringes on the separation of powers doctrine, while others argue that it places an undue burden on courts. Additionally, there are questions about the appropriate remedies for socio-economic rights violations. Despite these challenges, the use of judicial review to enforce socio-economic rights has gained acceptance in many countries. It has been used to address issues such as inadequate housing, lack of access to education, and discrimination in employment. The use of judicial review has also contributed to the development of socio-economic rights jurisprudence, which can guide future decisions. In conclusion, while the enforcement of socio-economic rights through judicial review can be complex, it remains an important tool for promoting human dignity and social justice. As such, it is important for courts to balance the need for enforcement with respect for the separation of powers and other legal principles.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 2117 - 2135


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