On the Constitutional Guarantee of a Dignified Minimum of Existence: Notes on the Judicial Review of Interference into Social Rights
2019
Abstract
Through the perspective of the recent case law of the Constitutional Court of the Czech Republic, the article reopens the question of a suitable methodological test for the judicial review of interferences into social rights. It emphasises the importance of the nature of social rights as positive obligations of the state in contrast with the traditional negative rights of the first generation.
The text contemplates the advantages of reordering the steps of the test and the preference for the concrete review of constitutionality. Last but not least, the article develops the problematic of identification of the core and the soft envelope of social rights.