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Constituting Economic and Social Rights$
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Katharine G. Young

Print publication date: 2012

Print ISBN-13: 9780199641932

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199641932.001.0001

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Introduction: The Path to Transformation

Introduction: The Path to Transformation

(p.1) 1 Introduction: The Path to Transformation
Constituting Economic and Social Rights

Katharine G. Young

Oxford University Press

This chapter introduces the conceptual framework of constituting rights, as a way to address the challenges of pluralism, of law-making by collectivities and of law-making by counter-majoritarian courts. This framework presents the three lenses of reason, law and social fact. To constitute is not to constitutionalize, although the two constitutionalist processes assist each other. To constitute is to socially institute, so that the commitments are committed to social understanding, and are realized effectively in law. While this approach still concedes the importance of text, it offers a post-interpretive framework in which other processes are also important. Drawing on the historical development of economic and social rights in constitutional and international human rights law, the chapter introduces the book’s central parameters of study

Keywords:   constituting rights, pluralism, constitutionalism, reason, law, social fact, comparative constitutional law, international human rights

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