ABSTRACT
This chapter examines the particular constitutional framework applicable in the UK and the historical reluctance to afford economic and social rights (ESR) justiciable status. It questions whether or not the current constitutional arrangements in the UK are fit for purpose. Traditionally, protection of fundamental rights in the UK was assigned to rights protected in legislation or through those developed in common law. The status of statutes of a ‘constitutional nature’ are exempt from the doctrine of implied repeal whereby any amendment to the nature of the rights in the statute can only be altered by explicit unambiguous words of the later statute. International human rights law can act as a normative frame of reference, and/or legally binding, framework that can provide constitutional stability to domestic states lacking in fundamental human rights protection. The chapter concludes by demonstrating that ESR justiciability is possible, it happens elsewhere and it can occur with appropriate safeguards to ensure separation of powers remains intact.
