CEU Electronic Theses and Dissertations, 2015
| Author | Gebeye, Berihun Adugna |
|---|---|
| Title | The Potential of Directive Principles of State Policy for the Judicial Enforcement of Socio-Economic Rights: A Comparative Study of Ethiopia and India |
| Summary | This thesis examines and explores the potential of Directive Principles of State policy (DPSP) for the judicial enforcement of socio-economic rights by taking Ethiopia and India as a comparative study. DPSP have brought additional discourse on the constitutional protection of human rights in general and socio-economic rights in particular. The objective of this thesis is to assess whether DPSP as a constitutional principle are helpful for the judiciary to enforce socio-economic rights or whether they are ‘pious aspirations and mischievous generalities’ which do not have a judicial utility. Through systematic desk review of primary and secondary sources, this thesis has found that DPSP have a huge potential for the judicial enforcement of socio-economic rights. The Indian experience provides rich DPSP jurisprudence and thereby shows that DPSP are not only judicially suitable but are desirable and necessary to enforce fundamental rights, advance the ideals and aspirations of the Constitution to the benefit of the citizenry. The courts’ innovative interpretation of the right to life has enabled the enforcement of socio-economic rights such as the right to food, the right to shelter, the right to health and the right to livelihood. Although there is no judicial practice on DPSP in Ethiopia yet, the constitutional framework supports the argument that DPSP can be useful tools for the judicial enforcement of socio-economic rights. Thus, both the comparative experience from India and the constitutional design of DPSP and socio-economic rights in Ethiopia support the argument that DPSP can be useful tools for the judicial enforcement of socio-economic rights in Ethiopia. |
| Supervisor | Hessebon, Gedion |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/gebeye_berihun.pdf |
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