Question

How was the balance between competing claims settled
by the constitution?​

Answer 1

A core objection to the constitutionalization of socioeconomic rights focuses on justiciability: courts, it is said, are poorly situated to enforce highly abstract, open-textured socioeconomic commitments in the context of particular controversies. The aim of this article is to examine—against the specifically European background—the proposition that experimentalist forms of judicial review can go a long way in allaying justiciability-related concerns about the contextualization of social rights and can serve as a creative device for securing an important role for courts even in domains where they work under obvious institutional constraints. Drawing on the example of the emergence of a new understanding of a principle—of equal treatment irrespective of age in the context of private work- and employment-relations—this paper suggests that “strong,” that is, principled, judicial judgment and experimentalist forms of judicial review go hand in hand. Experimentalism thus opens up a conceptual space for the gradual constitutionalization of socioeconomic rights.

Answer 2

Answer:

The framers of the Constitution believed “it is wise and feasible to distribute and balance powers within government, giving local powers to local governments, and general powers to the national government; that all persons are born equal and should be treated as equal before the law.

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Explanation: