Tough times andweak review: the 2008 economic meltdown andenforcement of socio-economic rights in US state courts

Hershkoff, Helen; Loffredo, Stephen

doi:10.1017/cbo9781107337954.012

Cited by 2 publications

(2 citation statements)

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“…However, scholars mentioned individual (civil and political) rights six times as often as socioeconomic rights and more than twice as often as human rights (although "rights" in aggregate was mentioned more often than any particular type). It is somewhat surprising that scholars remain more likely to include individual rights than socioeconomic rights in their conceptualizations of constitutionalism, given the growing global emphasis on the latter (for example, the International Covenant on Economic, Social and Cultural Rights) and the increasing inclusion of such rights in constitutions since the late twentieth century (Christiansen 2007;Hershkoff and Loffredo 2011). 42 Further, there were few explicit references to justice and equality in scholars' conceptualizations of constitutionalism around the world, although most of the small minority of ACC definitions that included these ideals focused on them exclusively.…”

Section: What Is In An Adjective?mentioning

confidence: 99%

Constitutionalism with Adjectives: Conceptual Innovation in the Comparative Study of Law

Kapiszewski,

Groen,

Newman

2023

Law Soc. Inq.

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The latter half of the twentieth century and the early twenty-first century witnessed a global wave of constitution writing. Scholarly examination of these new charters found that most embodied liberalism and democracy. Additional study, however, found that textual convergence among these “higher law constitutions” belied important heterogeneity in constitutionalism—that is, in the principles underlying these charters and associated attitudes and behaviors. Scholars adopted several conceptual strategies to accommodate this variation, including attaching adjectives to constitutionalism (for example, “globalizing constitutionalism” and “abusive constitutionalism”). This article analyzes this conceptual innovation, drawing on an original dataset of all mentions of the word “constitutionalism” paired with a qualifying adjective found in the title/abstract of articles or in the title/first substantive page of books/dissertations, written in English, published between 1945 and 2019 and referenced on the Internet. We identified 1,621 “adjective-constitutionalism combinations,” including 564 unique combinations, suggesting both extraordinary empirical variation and little coordination among scholars with regard to conceptualization. Moreover, scholars’ conceptualizations of constitutionalism rarely reference equality, justice, or state responsibility for pursuing those ideals, despite these values being logical extensions of higher law constitutions’ core precepts; indeed, some conceptualizations even reflected illiberal or rights-limiting principles of governance. These findings raise the specter of a disconnect between constitutions and constitutionalism that we hope future studies will examine.

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Section: What Is In An Adjective?mentioning

confidence: 99%

Constitutionalism with Adjectives: Conceptual Innovation in the Comparative Study of Law

Kapiszewski,

Groen,

Newman

2023

Law Soc. Inq.

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“…25 In the US, the epicenter of the crisis, some sub-national (state) courts prevented legislative retrenchment in health care and public schooling provision, particularly for immigrants. 26 At the global level, human rights commentators began to connect human rights obligations more explicitly to the central banks and the International Financial Institutions that were playing such a large role in the recovery. 27 Later, the 2019 Guiding Principles of Human Rights Impact Assessments of Economic Reforms, adopted by the UN General Assembly, sought to move away from ameliorative, ex post analysis, by setting out a framework for orienting goals, sequencing reforms (with attention to the most vulnerable), and establishing benchmarks and indicators for post-reform monitoring.…”

Section: The Global Financial Crisesmentioning

confidence: 99%

The Idea of a Human Rights-Based Economic Recovery after Covid-19

Young

2020

SSRN Journal

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The COVID-19 pandemic has produced a health and economic crisis of unprecedented scope. As economists and policymakers turn to the task of recovery, protecting human rights remains intrinsically important, both morally and legally. It is also instrumental to the ends of public health and economic resilience. This Article argues that the human rights to life, health, education, social security, housing, food, water and sanitation-the so-called economic and social rights-are as essential as civil and political protections. Moreover, rather than simply ameliorate the inevitable indignities and material deprivations caused by the COVID-19 pandemic, the implementation of duties to respect economic and social rights can help ensure their protection in the post-COVID-19 economy. For this to occur, however, the Article suggests that the application of human rights to the economic recovery should be informed by a longer history of economic crises, assisted by both international and comparative economic and social rights frameworks, and open to the institutional reimagination that the idea of human rights helps to generate.

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Tough times andweak review: the 2008 economic meltdown andenforcement of socio-economic rights in US state courts

Cited by 2 publications

References 21 publications

Constitutionalism with Adjectives: Conceptual Innovation in the Comparative Study of Law

Constitutionalism with Adjectives: Conceptual Innovation in the Comparative Study of Law

The Idea of a Human Rights-Based Economic Recovery after Covid-19

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