Abstract

PAZ GONZALEZ, Isaac de  and  MACIAS SANDOVAL, María del Refugio. The justiciability of social rights. Ups and downs of its constitutional interpretation in Mexico. Rev. latinoam. derecho soc [online]. 2019, n.29, pp.25-62.  Epub Apr 24, 2020. ISSN 2448-7899.  https://doi.org/10.22201/iij.24487899e.2019.29.13899.

Social rights are recognised by the contemporary global doctrine by its autonomy and direct justiciability. Notwithstanding, in light of various failures in regional and national courts, positive effects of social rights’ judicialization are not entirely convincing. As for the Mexican constitutional system, there is an ongoing construction of a social rights demosprudence. To achieve this, the Mexican constitutional approach takes guidelines from the international human rights law and regional trends on social rights. Within this framework, the article emphasizes that the Mexican jurisprudence of social rights has ups and downs, advances and setbacks, since there are progressive lines and some others denote ambiguous and restrictive interpretation.

Keywords : social rights; constitutional interpretation; demosprudence; amparo; wages law.

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