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Title: Ireland, the ECHR and the justiciability of social and economic rights
Author: Smyth, Claire-Michelle
ISNI:       0000 0004 5992 7097
Awarding Body: Queen's University Belfast
Current Institution: Queen's University Belfast
Date of Award: 2015
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As debates in relation to the status of social and economic rights move to considerations of whether justiciability is the appropriate means for their adequate protection, a trend towards constitutionalisation is emerging in international, regional and domestic systems. Ireland, remaining relatively insulated from this evolution has steadfastly refused to constitutionalise social and economic rights, despite having ample opportunity to do so. Generally, international law is inapplicable in Irish courts and therefore has little impact on the furtherance of human rights within the domestic judicial system. The European Convention on Human Rights, having been transposed into national law, is uniquely placed to influence the development and protection of fundamental rights. From its earliest cases the European Court of Human Rights refused to definitely exclude social and economic rights, confirming the interdependence and indivisibility of all fundamental rights. It has continued to expansively interpret the textual rights of the Convention as including within its ambit, social and economic rights; an approach entirely at odds with the Irish interpretation of similar rights contained with the Constitution. The European Convention on Human Rights Act 2003 places a positive obligation on the court to interpret law in so far as is possible in a manner compatible with the Convention. This thesis determines whether the obligations placed on the courts by way of the European Convention on Human Rights Act 2003 could potentially result in the indirect constitutionalisation of social and economic rights in Ireland.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available