论社会权的可裁判性

社会权是否可以交由司法判断,这在各国理论界都存在种种争议。大体上,反对司法裁判社会权主要出自于分权考量、民主考量、公共政策考量以及社会权的不确定性等。尽管如此,在以南非为代表的很多国家开始了司法裁判社会权的积极尝试。这些初步经验,可以为我国社会权的保障提供若干借鉴意义。

On the Justifiability of Social Rights

Whether social right can be left by the courts' judgment, it is a puzzled problem in modern theory. Essentially, the opposition to the judgment of social rights by courts, it mainly depends on separation of powers, democratic considerations, public policy considerations and the indeterminacy of social rights. Yet, in many countries, such as South Africa, they have tried positive attempt. Yet, in many countries, such as South Africa, they have tried positive attempts. Those preliminary experiences can be references for the guarantee of social rights in our China.