Having established the status of social and economic rights the authors then argue for the imaginative enforcement of such rights starting at the national level. The authors look first at the judicial role in this enforcement. They expand the concept of enforcement to argue the domestic justiciability of these rights and explore the lingering perception of the lack of justiciability of social and economic rights and the effect of enforcement. The next section highlights two models of judicial enforcement: the minimal enforcement model and the substantive enforcement model. It discusses the aim of each model, their benefits and limitations and the variations within each model. The final detailed section examines and explains the programmatic model requiring pro-active government strategies to embed social and economic rights. The authors use Northern Ireland to explore the programmatic approach developed there and conclude with their preference for a combination of models to secure the enforcement of social and economic rights at a domestic level.
|Journal||European Human Rights Law Review|
|Publication status||Published - 2004|