SSRN-The Death of Socio-Economic Rights by Paul O'Connell

SSRN-The Death of Socio-Economic Rights by Paul O'Connell: "Over the last decade apex courts in Canada, India, and South Africa – which have traditionally been viewed as progressive and broadly socio-economic rights friendly courts – have issued judgments that are, fundamentally, at variance with the meaningful protection of socio-economic rights. Drawing on the experiences in these three countries, and others, this paper will argue that this jurisprudential turn can be understood as a de facto harmonisation of constitutional rights protection in the context of neo-liberal globalisation. The various national courts, although dealing with idiosyncratic domestic constitutional provisions, have nonetheless articulated analogous conceptions of fundamental rights; which are atomistic, “market friendly” and more broadly congruent with the narrow neo-liberal conception of rights, and consequently antithetical to the protection of socio-economic rights"?THE REASONS PROJECT?