#Research_Projects at the #Constitutional_Law_Unit Title: The Role of the “constitutional court” in implementing Economic, Social and Cultural Rights. “Comparative Study” Researchers: Newar Bdair (Master Student), Dr. Asem Khalil (supervisor) This study examines the role of the constitutional court (or by the court that plays its role), in implementing the economic, social and cultural rights in states. Contrary to the civil and political rights which do not rely on the available resources in states, the state parties to the International Covenant on Economic, Social and Cultural Rights are allowed to gradually apply these rights in relation to its national resources. Many states refer to the bill of rights, which includes the economic, social and cultural rights, in their constitutions. So that it obliges the state institutions (the parliament, the government and the judiciary) to fulfill those rights within each jurisdiction in addition to the existence of constitutional guarantees - which varies within each state - in order to save and protect those rights. However, the lack of appropriate constitutional provisions in relation to some of the ESC rights in some cases, and the failure of state institutions for carrying out its responsibilities under international law or those contained in the text of the Constitution, hinders the enforcement of economic, social and cultural rights in the state. In this research, we contend that, in light of the special nature of the ESC Rights, and because of the failure of the executive and legislative powers to fulfill their obligations, the “Constitutional Court” can fill this gap by contributing to identify the responsibility of the state in relation to these rights. This should not be interpreted as to mean – or understood as to argue – that the constitutional courts should exceed its jurisdiction or interfere in political issues. As it is for the court to determine the boundaries of the ESC rights and the obligations of the State as a constitutional issues. The hypothesis of the research - which will be verified through the review of the role of the court in other jurisdictions, specifically the constitutional experiences in South Africa, India and Brazil - is that the role of the “constitutional court” exceeds the supervisory role on the legislative organ in order to ensure the compatibility of the law with the constitution, this role depends on many factors, the nature of the court and judges who it consist of, and the political and social and historical background which the court interact with. Status: MA thesis in Law, first Semester 2014-2015.
Posted on: Sun, 28 Dec 2014 19:00:01 +0000
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