TITLE

THE NEW JERSEY CONSTITUTION: POSITIVE RIGHTS, COMMON LAW ENTITLEMENTS, AND STATE ACTION

AUTHOR(S)
Hershkoff, Helen
PUB. DATE
February 2006
SOURCE
Albany Law Review;2006, Vol. 69 Issue 2, p553
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Examines the connection between the treatment of the New Jersey Supreme Court on social and economic rights, its departure from federal state action doctrine and its reconfiguration of common law entitlements. Willingness of the court to interpret and implement social welfare claims often regarded as nonjusticiable which reflects its commitment to the social and economic well-being of the state; Interpretation of the court on an anti-segregation clause in the New Jersey Constitution; Refusal of the court to enforce common law entitlements if they act as hindrance to activities that are vital to democratic life.
ACCESSION #
21372534

 

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