The role of courts in the quantitative-implementation of social and economic rights : a comparative study

A growing number of democratic constitutions entrench social and economic rights (SER), impose affirmative obligations on government to promote and fulfill such rights, and render SER judicially enforceable at least in some degree. This combination raises new and challenging questions regarding separation of powers and the relative institutional competence of legislatures and courts. This article explores two judgments, Hartz IV from the German...