Author: Connolly, Jerome
Edition: First Edition
Number Of Pages: 416
Release Date: 01-02-2014
Details: A detailed statement of the case for the constitutional recognition of social rights in an Irish context, but of wider relevance than Ireland. The study analyses the main objections to making social rights adjudicable in the courts. It gives particular attention to the economic aspects of the question, including the cost of civil and political rights, tort taxation, the types of costs arising in and from rights adjudication, the implications of radical expansion in the de facto external constraints on the powers of the modern legislature in raising and disposing of taxation revenue. It discusses at length how social rights can be feasibly and realistically adjudicated to take adequate account of the reality of resource constraints and with due respect for the separation of powers. Separate chapters discuss the scope and potential of the European Convention on Human Rights, the European Social Charters, the EU’s Charter of Fundamental Rights, and the UN Covenant on Economic, Social and Cultural Rights. The social rights implications of recent developments in the EU’s system of fiscal governance, including the expanded role of the European Court of Justice, are analysed and their bearing on the case for justiciable social rights assessed. ‘Jerome Connolly presents a comprehensive, pioneering case...his focus is Ireland, but the breadth of his analysis is truly global...this is not an anthem for the faithful but rather an invitation to open, rational dialogue which seeks to convince through the strength of the empirical evidence and the logic of its analysis. The book is an important contribution to contemporary constitutional debate. Its originality, wisdom and sheer fair-mindedness combine to make a compelling case’ William Binchy, former Regius Professor of Laws, Trinity College, Dublin.
EAN: 9780992845308
Languages: english
Binding: Paperback
Item Condition: New