An Account of the Constitutional Dialogue Theory
PART III: PROTECTION AND PROMOTION OF SOCIAL AND ECONOMIC RIGHTS. EXCLUSSIVENESS VERSUS INCLUSSIVENESS OF DIFFERENT STATE ACTORS
PART III PROTECTION AND PROMOTION OF SOCIAL AND ECONOMIC RIGHTS. EXCLUSSIVENESS VERSUS INCLUSSIVENESS OF DIFFERENT STATE ACTORS Chapter 6 Inter-Institutional Constitutional Dialogue in Socio-Economic Cases Contrary to prevailing views, the contents of fundamental rights are not defined solely by constitutional courts. It is true that the aspect of constitutional justicia- bility renders significant powers to constitutional courts in this respect. But the very principle of democracy the separation of powers principle establishes a rule of the balance of powers among constitutional organs. It is therefore the three branches- the legislative, the executive and the judiciary- that are responsible for giving an effect to constitutional provisions, those concerning socio-economic rights included. The difficulty in deciding who decides, however remains unre- solved, largely due to the fact that the constitutions do not precisely specify the ultimate power of any of the institutions to give the final interpretation of the constitution. It is often the case that constitutional courts are considered to give the final opinions on the compatibility of laws of a lower rank (like statutes, acts of law) with the constitution. Thus, in a way, the courts judge the performance of the legislature and/or the executive. Yet, it is still up to the legislator to re- verse, modify or void the court’ decisions which invalidates legislation, and therefore, achieve their social or economic policy ends. Consequently, the dual nature of the judicial role in adjudicating on consti- tutional cases proves the complexity of the question under consideration. One common belief is...
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