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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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A Comparative Typology of Courts

A Comparative Typology of Courts

Chapter:
(p.192) 7 A Comparative Typology of Courts
Source:
Constituting Economic and Social Rights
Author(s):

Katharine G. Young

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199641932.003.0007

This chapter presents a comparative typology of courts engaged in adjudicating economic and social rights claims. It suggests that the stances towards judicial review points to a variety of role conceptions, and it diagrammatically demarcates supremacist, engaged and detached courts. These are evidenced with examples from the Colombian Constitutional Court in its application of the constitutional protections of education, health care and housing, the Indian Supreme Court in its application of the constitutional rights to education, to life, and directive principles protective of rights to health, housing and food, and the United Kingdom courts, in applying the positive obligations which are created by the Human Rights Act 1988 (UK) and the ECHR. The chapter places each of these role conceptions in a broader institutional context, describing the impact of the investigative and advisory roles of the administrative and legislative bodies, such as national human rights commissions and legislative scrutiny committees

Keywords:   comparative typology, supremacy, engagement, detachment, administrative enforcement, legislative enforcement, Colombian constitutional court, Indian supreme court

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