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Methodology

The internationalist and comparative’s approach that we have chosen so as to shed light on the French Law concerning these questions is based on an original methodology in legal science. It first consists, quite classically, to set out and analyse a substantial case law and legal writing research body (review and analysis of the case law, databases and of the legal writing). It then aims, in a more innovative way, to list, in every country, the lawyers who specialized in fundamental rights, to contact them by mail and to make directed interviews, in order to ask them about their point of view concerning the justiciability of social rights.

 

The research will focus on the two following research fields:

The first is about the juridical and political issues in the legal theories concerning the opposition between civil and political rights on the one hand, and economic and social rights on the other hand. We will therefore have to appreciate the relevance of the distinction between these two categories of rights through the close examination of the legal scholars’ argumentations concerning social rights’ specificity. Scientific reports may be download as working papers here.



Then we will focus on the social rights’ regime chosen by the judges. The question of the justiciability, effectiveness and opposability of social rights in French as well as in international law will be studied through examples. We will particularly study the “jurisdictionalisation” of social rights at the international level, question the French law and its systematic refusal of social rights’ justiciability based on their lack of self-executing effect, and try to set a cartography of social rights and their legal regime in order to assess the scope of their justiciability. Methodologic rationale may be download here.