Tesi etd-02042022-165325
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Type of thesis
Dottorato
Author
AMARASINGHE, PUNSARA
URN
etd-02042022-165325
Title
Paradox of Socio-Economic Rights before the Neo liberalism in South Asia
Scientific disciplinary sector
IUS/13
Course
Istituto di Diritto, Politica e Sviluppo - PHD IN LAW
Committee
relatore VIVALDI, ELENA
Keywords
- Judiciary
- Neoliberalism
- Socio-Economic Rights
- South Asia
Exam session start date
22/11/2022;
Availability
completa
Abstract
The enforcement of socio-economic rights and the interpretation of socio-economic rights in the South Asia denotes a sheer contrast. Moreover, the post-colonial development of socio-economic rights in the region faced a significant challenge from the influx of Neoliberalism as the later became an anathema to the idea of preserving social welfare. This is the situation where the notion of socio-economic rights becomes a paradox. Socio-Economic Rights have become a paradox by virtue of its incompatibility with the neoliberal government policies. As a matter of fact, from one side the socio-economic rights have been decorated in the constitutions as constitutional aggrandizements, yet they remain feeble as they cannot be judicially enforced. From the other side, neoliberal policies adopted be the governments continue to debilitate them. This phenomena has only been reversed by the judicial activism emerged in the South Asian region and it only stands as the direct resistance against the neoliberal outlook of the governments and as the ultimate hope for the social justice. <br><br>
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