الانفاذ القضائي للحقوق الإجتماعية : دراسة مقارنة | ||||
| مجلة الدراسات القانونية والاقتصادية | ||||
| Article 10, Volume 4, Issue 2, December 2018, Page 1-82 PDF (1010.52 K) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/jdl.2018.179603 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| طارق فتحي السيد أبو الوفا | ||||
| مدرس بقسم القانون العام .کلية الشريعة و القانون جامعة الازهر | ||||
| Abstract | ||||
| Abstract: The end of the Cold War helped to change the discourse on social rights. The text on them in constitutions has become part of a general trend that since the fall of the Berlin Wall has insisted on the inevitable character of the values of "the rule of law and fundamental rights and freedoms." The judge has undoubtedly acquired a central function in the rule of law paradigm as a good guardian of rights and freedoms. These rights have suffered for long periods of being excluded from the field of litigation based on numerous arguments and justifications. However, the result drawn from this research proves that the possibility of litigating these rights, and their enforcement through the judiciary is no longer a fantasy nor an inapplicable matter. It has been proven that the main role that a judge can play in this area includes that he can treat a legislative deficit, correct an administrative error, and positively commit the government in the field of social rights. It is the state of the twenty-first century, the social state of law attempting to forge its way delineate, its features, and present its programs. Furthermore, the judge is the master of its midst. | ||||
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