Constitutional Avoidance in Social Rights Adjudication: A Judicial Strategy for Developing Democracies

When courts face cases involving social rights, they often confront a fundamental choice: should they ground their decisions in constitutional provisions or rely on statutory and administrative law? The doctrine of constitutional avoidance in social rights adjudication offers a compelling alternative that prioritizes administrative remedies over constitutional declarations, even when both paths are available. This judicial strategy, … Continue reading Constitutional Avoidance in Social Rights Adjudication: A Judicial Strategy for Developing Democracies