Economic Rights and the Policymaker's Decision Problem

Abstract

Economic rights can be instantiated in a variety of ways. This paper investigates the problem with making economic rights into policy from one source: the political policymaker. By modeling the policymaker's decision problem we can identify particular decision flaws and possible correctives that might prompt economic rights instantiation through "enlightened self-interest." A complementary approach involves constitutionalizing economic rights with directive principles and enforceable law, which could work somewhat independently of the policymaker's preferences and/or beliefs. The last part of the paper looks at a sample of actual constitutions to see if government effort toward economic rights fulfillment is related with constitutionalization. The evidence here suggests a positive relationship: those countries with better economic rights provisions in their constitutions demonstrate greater economic rights effort.Economic Rights; Constitutions; Human Rights; Political Policymaker