TY - JOUR ID - 88675 TI - The Relevant Factors in the Justiciability of Economic, Social and Cultural Rights JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Shahbazi, Ali AU - Ranjbar, Ahmad AU - Sadeghi, Mohammad AD - Ph.D Student, Department of Public Law, faculty of Humanities, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran AD - Assistant Prof., Department of Public Law, Faculty of Humanities, Bandar Abbas Abbas Branch, Islamic Azad University, Bandar Abbas, Iran AD - Assistant Prof., Hormoz Research Institute, University of Hormozgan, Bandar Abbas, Iran Y1 - 2023 PY - 2023 VL - 53 IS - 4 SP - 2159 EP - 2183 KW - Constitutionalization KW - Constitutional Judge KW - Justiciability KW - economic KW - social and cultural rights KW - Social movements DO - 10.22059/jplsq.2021.315317.2653 N2 - There are two general approaches toward the constitutionalization and  jusiciability of  economic, social and cultural rights. According to the socialist approach economic, social and cultural rights should be constitutionaized and are justiciable. Constitutionalization of  economic, social and cultural rights in one hand saves these rights of temporary political orientation and on the other hand makes justiciability of these rights easier. While in liberal approach civil and political rights are constitutionalized and judicially protected, economic, social and cultural rights are perceived non-justiciable, although constitutional judge can through the welfare interpretation of civil and political rights such as: the right to life, the right to fair trail and non-discrimination, make economic, social and cultural rights justiciable. Social movements also can make alive and enforce constitutional rights. This analytical-descriptive article through the public law point of view, tries to investigate the most important influential factors which makes economic, social and cultural rights as the second generation of human rights as justiciable. UR - https://jplsq.ut.ac.ir/article_88675.html L1 - https://jplsq.ut.ac.ir/article_88675_a746b0b8158e953ba8b8ca00b5d02dc1.pdf ER -