No abstract

In recent years, a debate has emerged about the conditions under which justiciable legal frameworks facilitate the fulfilment of socio-economic rights. This debate has pit institutionalist perspectives that emphasise the progressive potential of democratisation against structuralist perspectives that emphasise the constraints imposed by relationships of power and interest. This paper considers this debate in light of Indonesia's recent experience. It suggests that we need to examine how institutional and structural factors interact within particular contexts to shape socio-economic rights fulfilment, not examine these factors in isolation. It also considers the strategic implications of this argument for rights proponents.