Socio-economic rights, economic crisis and legal doctrine: a rejoinder to Xenophon Contiades and Alkmene Fotiadou

Bilchitz, D. ORCID: https://orcid.org/0000-0001-6195-675X (2014) Socio-economic rights, economic crisis and legal doctrine: a rejoinder to Xenophon Contiades and Alkmene Fotiadou. International Journal of Constitutional Law, 12 (3). pp. 747-750. ISSN 1474-2640 doi: 10.1093/icon/mou046

Abstract/Summary

The role of proportionality in the jurisprudence surrounding social rights during times of economic crisis is the subject of this stimulating exchange between Contiades, Fotiadou and myself. Contiades and Fotiadou persist in maintaining that proportionality is a doctrine that can in fact serve to give content to social rights. In this brief rejoinder, I seek to show why conceptually proportionality cannot perform the role they suggest it can; why their approach significantly weakens social rights and their status as fundamental rights; and, through an example drawn from the recent economic crisis in Europe, demonstrate why judicial practice in fact supports the role I contend proportionality should have.