Courting economic and social rights in Palestine : justiciability, enforceability and the role of the supreme constitutional court
Other Title(s)
قابلية الحقوق الاقتصادية و الاجتماعية للتقاضي في فلسطين : التطبيق، الإنفاذ، و دور المحكمة الدستورية العليا
Author
Source
Issue
Vol. 33, Issue 77 (31 Jan. 2019), pp.33-60, 28 p.
Publisher
United Arab Emirates University College of Law
Publication Date
2019-01-31
Country of Publication
United Arab Emirates
No. of Pages
28
Main Subjects
Abstract EN
In this paper, I will discuss whether Economic and Social Rights (ESRs) constitute fundamental rights in Palestine, as a result of their entrenchment in the constitutional text, the Basic Law of the Palestinian Authority; and if yes, which ones.
In fact, while in International Human Rights Law (IHRL), ESRs are presented as a monolithic category of rights, they are not treated as such in national constitutions.
Some rights are simply missing from the text; others are present but enjoy different status within the constitution – often depending on the way they are written in the constitutional text, and on the way they are applied by state institutions, in particular the courts.
I will also discuss whether those fundamental ESRs, in particular those that appear to be legally binding as a result of their entrenchment in the constitutional text, are – and ought to be – justiciable.
I will finally discuss the theoretical and practical objections to the role of a specialized Court in enforcing entrenched ESRs, through constitutional adjudication.
American Psychological Association (APA)
Khalil, Asim. 2019. Courting economic and social rights in Palestine : justiciability, enforceability and the role of the supreme constitutional court. Journal of Shariah and Law،Vol. 33, no. 77, pp.33-60.
https://search.emarefa.net/detail/BIM-1339320
Modern Language Association (MLA)
Khalil, Asim. Courting economic and social rights in Palestine : justiciability, enforceability and the role of the supreme constitutional court. Journal of Shariah and Law Vol. 33, no. 77 (Jan. 2019), pp.33-60.
https://search.emarefa.net/detail/BIM-1339320
American Medical Association (AMA)
Khalil, Asim. Courting economic and social rights in Palestine : justiciability, enforceability and the role of the supreme constitutional court. Journal of Shariah and Law. 2019. Vol. 33, no. 77, pp.33-60.
https://search.emarefa.net/detail/BIM-1339320
Data Type
Journal Articles
Language
English
Notes
Includes in-text citations
Record ID
BIM-1339320