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Socio-Economic Demands As Justiciable Rights - The Issue Of Power Balance

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Chapter Summary

This chapter focuses on compatibility of democracy and the justiciability of socio-economic demands irrespective of whether they are protected in civil and political rights instruments or socio-economic rights instruments. An important aim in the chapter is, therefore, exactly that of discussing the issue of the division of powers between the European Court of Human Rights (ECtHR) and domestic bodies. However, the basic questions with regard to division of powers are identical regardless of whether the judicial body is domestic or international, and the domestic discussion is, moreover, strongly related to the one which concerns the relation between domestic bodies and the ECtHR. The chapter discusses issues primarily from the domestic perspective before adding the international dimensions, and then addresses the issue of a possible delimitation or classification of the judicial elements of socio-economic demands.

Keywords: European Court of Human Rights (ECtHR); power balance; socio-economic rights



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