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Phull & Crosby on Constitutional Entrenchment of Social & Economic RIghts in Canada & India

By Lawrence Solum

Chetan Phull and Dylan Crosby (Queen's University - Faculty of Law and Queen's University - Faculty of Law) have posted Toward Constitutional Entrenchment of Property Rights, Cultural Rights and a Right to Education: India?s Experience Considered in Canada on SSRN. Here is the abstract:

Constitutional entrenchment of social and economic rights in Canada has repeatedly been refused, while the idea was accepted in India well before Independence in 1947. Either through direct entrenchment in the The Constitution of India, or indirect entrenchment through activist decisions of the Indian Supreme Court, it is evident that entrenchment serves a ?goal-oriented? function in India as opposed to the ?minimum standard? function that Canada attaches to entrenched rights. This collection of articles seeks to keep the debate on the entrenchment of social and economic rights in Canada alive. Through an examination of India?s experience with property rights, cultural rights and educational rights, the papers within advocate for Canadian entrenchment of these rights in particular, with a cautious approach informed by the Indian experience. By learning from India?s successes and failures with these rights, and considering how Indian enforcement difficulties with these rights have been due to specific conditions largely absent in Canada, this collection of papers aspires to quell the Canadian anxiety in affording constitutional protection to property rights, cultural rights and educational rights.

Full post as published by Legal Theory Blog on January 14, 2010 (boomark / email).