The evolution of socio-economic constitutional rights conceptions in the context of democratisation processes : the case of Poland, Czech Republic, and Slovakia
License
Access Rights
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
Issue Date
Type of Publication
Keyword(s)
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
Florence : European University Institute, 2010
EUI; LAW; PhD Thesis
Cite
JARON, Anna, The evolution of socio-economic constitutional rights conceptions in the context of democratisation processes : the case of Poland, Czech Republic, and Slovakia, Florence : European University Institute, 2010, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/14523
Abstract
This thesis is primarily concerned with examining changes in the conceptual understandings of socio-economic rights in the constitutions of countries that have undergone processes of democratization. In particular, it focuses on the processes of constitution-building, but most importantly on questions such as justiciability of social and economic rights and their materialization in the effective socio-economic policies of democratic states. Through the examination of theories of constitutional interpretation of these rights in Poland, the Czech Republic and Slovakia, the thesis further explores the argument of a constitutional intra-institutional dialogue. In this sense, the interpretation of socio-economic constitutional rights is not simply read off from the constitution and made into legislation. Instead, it is claimed, there is a dynamic exchange between state institutions where constitutionalization takes place and where parameters are being set for the ultimate aim of the constitutional formulation of these rights, that is, of ascribing to them the attributes of legal rights. The aim of this thesis is to examine the continuous process of the realization and enforcement of socio-economic rights, with respect to the cross-penetration of constitutions and ordinary legislations, judicial and non-judicial mechanisms, constitutional judiciary, other constitutional organs, and governmental and administrative institutions, all of which shape the general performance of the countries in the creation and exercise of social and economic policies. Consequently, the claim of Constitutional Courts' activism in socio-economic matters adjudication is juxtaposed with a broader concept of the constitutional dialogue theory. The interdependent relationship between the state and individual is the subject addressed in the thesis and is used as a theoretical basis for the definition of constitutional socio-economic rights. In particular, three rights are studied in depth: the right to health care, the right to social security and the right to education.
Table of Contents
Additional Information
Defence Date: 10 June 2010
Examining Board: Constance Grewe (University of Strasbourg); Marie-Ange Moreau (EUI); Jiri Priban (University of Wales, Cardiff); Wojciech Sadurski (Supervisor, former EUI and Univeristy of Sydney)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Examining Board: Constance Grewe (University of Strasbourg); Marie-Ange Moreau (EUI); Jiri Priban (University of Wales, Cardiff); Wojciech Sadurski (Supervisor, former EUI and Univeristy of Sydney)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses