This paper analyses the health-improving effects of introducing four different constitutional social and environmental human rights (health, free education, adequate living (or welfare), and environment) and the American Convention on Human Rights (ACHR) into national constitution and...

In this paper we use novel historical data on economics and social rights from the constitutions of 201 countries and an instrument variable strategy to answer two important questions. First, do economic and social rights provisions in constitutions reduce poverty? Second, does the strength of...

The nature and scope of the right to property has been one of the most controversial issues of constitutional law, not only in the United States, but throughout the world. Modern U.S. “takings” jurisprudence, which has been characterized by contradictory pronouncements on the constitutional...

Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching judges, closing schools, stripping courts...

In Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication. We argue that while King's presciptions are justified, he is too cautious about the applicability of his incrementalist prescriptions to legal systems that...

This book chapter focuses on new types of court legitimacy, their limits and which impact they have on the protection of human rights. Courts can gain new democratic legitimacy through stepping into a role as protectors of the people. This can for instance be done through being a definer of...

The paper argues that, by bringing a number of changes of systemic proportions in the order of international law, the internationalisation of national constitutional human rights law has led to the “constitutionalisation” of international law. To build that argument, the paper first...

Purpose The CoViD-19 pandemic has brought about a panoply of institutional challenges both domestically and in the international arena. Classical constitutional theory thereby underwent a reinvention by the executive for the sake of speedy policy action and to the detriment of institutional...