CEU Electronic Theses and Dissertations, 2018
| Author | Papuashvili, Ana |
|---|---|
| Title | Torn Between Being "Heartless" and Being "Weak": Dilemma of Constitutional Courts about Justiciability of Socioeconomic Rights |
| Summary | Socioeconomic rights have not been given much attention in the case law of the Constitutional Court of Georgia as well as in the Georgian scholarly debate until now. After years of marginalizing these rights from either political or judicial agenda, there are two pending cases before the Constitutional Court, concerning these rights that needs the attention. The aim of this thesis to explore the justiciability of socioeconomic rights which has been a matter of ongoing debate on international level for years now and find possible solutions for the Constitutional Court both, from theoretical and practical perspectives. Current Georgian constitutional reality will be assessed with reference to the examples of South Africa and Germany. The main goal is to find a proper way of balancing political and judicial powers concerning socioeconomic rights, which is the central concern in this debate. The finding of this paper will offer guidance for the Constitutional Court of Georgia to take appropriate steps towards successful adjudication on socioeconomic rights and let them become the decent part of Georgian constitutional order. |
| Supervisor | Blankenagel, Alexander |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2018/papuashvili_ana.pdf |
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