Economic and social rights
Economic and social rights
Economic and social rights (ESRs) have steadily found a place in constitutions and jurisprudence across the world. Yet, while South Asia was the site of many early social rights adjudication experiments, East and Southeast Asia are only outmatched by Arab states in their reluctance to recognize and judicialize ESRs. With its embedded mercantilist model of capitalism, East and Southeast Asia is the most conservative region in the world when it comes to core rights in the workplace. There is some variation among the states and apex courts of East and Southeast Asia regarding recognition or enforcement of ESRs, while some features are consistent across the entire region, such as hostility to international oversight of ESRs. This chapter first analyzes the macro patterns of constitutional recognition and judicial posture across East and Southeast region. It then examines variation within Asia and explanations for such heterogeneity and concludes with some thoughts on the impact of the constitutionalization and judicialization of ESR rights in Asia.
Langford, Malcolm
de123bb1-f182-403d-a107-0d5bf40a614e
Rosevear, Evan
5459603c-339c-4452-b091-a62f9986cf11
Langford, Malcolm
de123bb1-f182-403d-a107-0d5bf40a614e
Rosevear, Evan
5459603c-339c-4452-b091-a62f9986cf11
Langford, Malcolm and Rosevear, Evan
(2024)
Economic and social rights.
In,
Law, David S., Lau, Holning and Schwartz, Alex
(eds.)
The Oxford Handbook of Constitutional Law in Asia.
Oxford University Press.
(doi:10.1093/oxfordhb/9780198825463.013.48).
Record type:
Book Section
Abstract
Economic and social rights (ESRs) have steadily found a place in constitutions and jurisprudence across the world. Yet, while South Asia was the site of many early social rights adjudication experiments, East and Southeast Asia are only outmatched by Arab states in their reluctance to recognize and judicialize ESRs. With its embedded mercantilist model of capitalism, East and Southeast Asia is the most conservative region in the world when it comes to core rights in the workplace. There is some variation among the states and apex courts of East and Southeast Asia regarding recognition or enforcement of ESRs, while some features are consistent across the entire region, such as hostility to international oversight of ESRs. This chapter first analyzes the macro patterns of constitutional recognition and judicial posture across East and Southeast region. It then examines variation within Asia and explanations for such heterogeneity and concludes with some thoughts on the impact of the constitutionalization and judicialization of ESR rights in Asia.
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Submitted date: 2020
e-pub ahead of print date: 22 May 2024
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Local EPrints ID: 482862
URI: http://eprints.soton.ac.uk/id/eprint/482862
PURE UUID: 8f76fead-3aaa-4779-b3d7-71cef4d5bdc4
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Date deposited: 13 Oct 2023 17:02
Last modified: 12 Sep 2024 17:14
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Contributors
Author:
Malcolm Langford
Author:
Evan Rosevear
Editor:
David S. Law
Editor:
Holning Lau
Editor:
Alex Schwartz
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