Social Rights Constitutionalism

Abstract

Abstract Latin America is at the forefront of global developments in the constitutionalization and judicial enforcement of social and economic rights (SER). Latin American countries have long included a robust set of SER in their constitutions, and in recent decades have only added more rights and stronger judicial enforcement mechanisms to their foundational texts. As a result, although many courts around the world have taken up the banner of SER, Latin American courts are contributing doctrinal innovation and concrete examples of SER enforcement at a rate and in a manner that eclipses other regions. This chapter first shows the trend toward social rights constitutionalism in the region as found in the foundational texts. It argues that Latin American constitutionalism today marks quite significant transformation of the relationship between ordinary politics and constitutional justice, as a direct result of the constitutionalization of SER and the judicialization of their enforcement. It concludes by exploring the way in which Latin American courts have attempted to overcome some of the challenges of SER enforcement.