ABSTRACT
This chapter sets out models for economic and social rights (ESR) justiciability some of which are already under operation (existing mechanisms) and some of which could be developed in future (future mechanisms for implementation). It draws on jurisprudence from the UK as well as comparatively. The UK has also acceded to other international complaints mechanisms that deal with ESR under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women 1979 and under the Optional Protocol to the Convention on the Rights of Persons with Disabilities 2006. Recommendations and safeguards are therefore proposed in order to ensure a democratic approach to ESR justiciability. Although the dynamic interpretation of civil and political rights opens the door to ESR justiciability, it brings with it problems in relation to applicability. The recognition of fundamental human rights norms, would in turn facilitate a Kelsenian-based theory of constitutional structure, and this would overcome Dennis and Stewarts’ rejection of justiciability.
