Global South in Comparative Constitutional LawSymposium

Access to Justice for Socio-Economic Rights: Lessons from the Indian Experience

This is a cross-post shared with  the blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL Blog. Professor David Bilchitz in a recent blog considered obstacles concerning access to justice for litigating socio-economic rights in South Africa and potential solutions to overcome these obstacles. He argued that South Africa should (i) empower individuals to enable them to make claims and (ii) expand its current …


SymposiumThe Promises of International Law and Society

Juridification of the right to development in India

In my paper for the legal sociology conference in Berlin, I argue that the right to development, though a non-legally binding declaration, is indirectly implemented in the Indian legal system through case law – a process which I interpret as a juridification of the right to development (for the term juridification see Blichner and Molander 2008). This argument challenges the distinction between legally binding treaties and non-legally binding instruments in international …