| Article | Constitutional Protection of the Social Payments as a Right to Property: a Comparative Analysis |
|---|---|
| Authors | Shevchuk S. |
| Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
| Issue | 2 / 2012 |
| Pages | 216 - 233 |
| Annotation | The article provides for the insight into the nature and notion of the person's social rights in the light of the contemporary constitutional jurisprudence. The article deals not only with the analysis of purely theoretical aspects of the social rights. Besides, it offers a detailed and careful overview on how these doctrinal thoughts and concepts are applied in the jurisprudence of the most authoritative judicial bodies, such as the European Court of Human Rights, US Supreme Court and some of the European national Constitutional Courts. Finally, starting with the analysis of the relevant practice of the Constitutional Court of Ukraine's, the article provides a number of the recommendations on the possible ways of its further development and transformation. |
| Keywords | right to property, social rights of the person, right to pension, Convention for the Protection of Human Rights and Fundamental Freedoms, Rechtstaat, social state, due process of law. |
| References | |
| Electronic version | Download |