CEU Electronic Theses and Dissertations, 2021
| Author | Molnár, Noémi Fanni |
|---|---|
| Title | Argumentative Strategies of Constitutional Courts in Cases Related to Social and Economic Rights |
| Summary | The thesis examines how the German, Hungarian and South African constitutional courts cope with the separation of powers principle by using different arguments in cases concerning social and economic rights. The comparative study shows the German court has a limited reflection on the broader context of a case, but it developed an activist role when relying on Existenzminimum stemming from a very little textual basis combined with an even stronger evidence-based review. The Hungarian court had initially shown activism by developing concepts that met the philosophy of market capitalism and rule of law. However, later it turned to be deferential without looking at the reality behind the doctrinal considerations. The South African court embeds strong moral references while continuously tries to give meaningful interpretation to the transformative elements of the constitution such as the reasonableness review, even combined with deliberative elements. |
| Supervisor | Kollonay-Lehoczky, Csilla |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2021/molnar_noemi.pdf |
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