ABSTRACT
In many states, enforceable social and economic rights (SER) have become a feature of national constitutional law. This represents a remarkable shift in understanding of the purpose and function of constitutional rights protection in liberal democracies. It also marks a radical departure from orthodox legal doctrine which has historically viewed SER as falling outside the scope of the “constitutionalist project” – that is, the attempt to ensure that the exercise of state power conforms with liberal principles relating to separation of powers, the protection of individual dignity and autonomy, and respect for rule of law and the principle of democratic self-governance. How did this shift take place? What are its implications for our understanding of constitutionalism?
