Proportionality Review and Economic and Social Rights

Rishika Sahgal discusses ‘Proportionality Review and Economic and Social Rights in India’ to comparative human rights and constitutional law.

Aston Webb Law arch

Economic and Social rights are by now well-recognised. They are enshrined in the Universal Declaration of Human Rights and in most other key international and regional human rights systems (for example, the International Covenant on Economic and Social Rights (ICESCR) at the international level). More than three-quarters of the world’s constitutions contain at least one formally justiciable economic and social right (Rosevear, Hirschl and Jung).

How do courts check if these rights have been breached? Courts have followed a different approach to the adjudication of economic and social rights, in comparison with their adjudication of civil and political rights.