The common and normative logic among scholars of constitutional law is that the constitution should not recognize or be interpreted as recognizing the so-called the second generation of welfare rights such as right to have a shelter or to have minimum earnings. Their main argument is that rights based on the constitution should be justiciable. This article analyzes the concept of welfare rights. Then, it is argued that the main issue is related to the methods of judicial control. Each of them has their own advantages and disadvantages. Although, the weak form of judicial control seems more interesting, Tushnet believes that it may lead to instability and ensues inverse outcomes
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