Обеспечение прожиточного минимума как средство судебной защиты конституционных социальных прав

Abstract

Social rights proclaimed by constitutions of many countries, for their effective protection need in formation of special instrumental means of judicial control, by which the court establishes the limits of the competences of the legislator in the field, where a significant margin of appreciation is provided. The concrete obligations of the state and the amount of funding for social provisions of constitutions are defined by current legislation. Requirement to provide minimum standards of human existence, that are ensured, if necessary, through the system of social security, is referred to the constitutional level. Constitutional meaning of this provision is justified by the recognition of the principle of human dignity as an integral part of the entire human rights system. Herein, the constitutional courts considering cases, connected with social rights, carry out an inspection of social legislation on the subject of whether the norms under consideration provide a living wage. Such verification is considered as the criterion of human dignity, equally inherent in all people, and is used as one of the strategies of judicial protection of social rights.