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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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Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights

Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights

(p.288) 10 Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights
Constituting Economic and Social Rights

Katharine G. Young

Oxford University Press

The chapter concludes the book, revisiting the framework of “constituting” rights as a construction that allows us to recognize the practical importance of law, reason and social fact in bringing economic and social rights into reality. It examines the interchangeability of constitutional and human rights, in light of their normative emphasis on individual freedom and dignity, and their shared conceptual treatment of the state. It also suggests that extensive links between international human rights and constitutional rights are established through transjudicial dialogue, borrowing, common structures of reasoning and interpretation, and transnational movements. It argues that norm divergence, and democratic concerns are not sufficient to warrant a separate analysis. This chapter also notes the areas of private law that demand further attention in light of economic and social rights. Finally, it offers a justification for the broad selection of comparative examples offered in the book.

Keywords:   constituting, human rights, international human rights, constitutional rights, freedom, dignity, transjudicial dialogue, private law, comparative law, case selection

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