الانفاذ القضائي للحقوق الإجتماعية : دراسة مقارنة

Abstract

Abstract: The end of Cold War helped to change discourse on social rights. The text on them in constitutions has become part of a general trend that since fall of Berlin Wall has insisted on inevitable character of values of the rule of law and fundamental rights and The judge has undoubtedly acquired a central function in rule of law paradigm as a good guardian of rights and freedoms. These rights have suffered for long periods of being excluded from field of litigation based on numerous arguments and justifications. However, result drawn from this research proves that possibility of litigating these rights, and their enforcement through judiciary is no longer a fantasy nor an inapplicable matter. It has been proven that main role that a judge can play in this area includes that he can treat a legislative deficit, correct an administrative error, and positively commit government in field of social rights. It is state of twenty-first century, social state of law attempting to forge its way delineate, its features, and present its programs. Furthermore, judge is master of its midst.