Social rights in times of crisis: prohibition of social regression and judicial moderation
DOI:
https://doi.org/10.5335/rjd.v34i1.9833Keywords:
Cost of rights, Judicial moderation, Progressive implementation, Prohibition of social regression, Social rights crisisAbstract
Due to cyclical and structural economic crises experienced by several countries, the respective Legislative and Executive Powers were led to balance their public accounts and to promote changes that affected the progressive implementation and maintenance of their social protection systems. Starting from the legal
problem concerning the limits of the judicial control of these changes for rebalancing and sustainability of social commitments, this study has as hypothesis the unfeasibility of the prohibition of social regression as a basis for the Judiciary to remove legitimate and inevitable choices of the Legislative and Executive Powers to allocate scarce resources available in times of crisis, so that the judiciary must respect the difficult choices of political powers placed within the discretionary margins set by the legal system.
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