Volume: Volume 2(2) - 1998

Article type: Refereed article

Author/s: Philippe, Xavier

In contrast to the explicit inclusion and clear formulation of socio-economic rights in the South African Constitution, the protection of these rights in France occurred by a circuitous route through judicial intervention. Xavier Philippe explains how the Constitutional Council decided in 1971 that the reference in the 1958 Constitution to the 1946 Constitution allowed the Council to enforce the socio-economic rights mentioned in the preamble of the latter Constitution.

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