The protection of socio-economic rights is repeatedly excluded from consideration by the judiciary on the basis that socio-economic rights are a not legal rights. Such rights should be considered by politicians and policy makers but there is no obligation on the court to enforce such rights as they are not explicitly protected under current constitutional arrangements.

The protection of socio-economic rights in the South African constitution was an important innovation for post-apartheid S. Africa. Whilst the protection of socio-economic rights has led to some innovation by the courts in the way they consider the state's obligation to the most vulnerable in our society, huge socio-economic problems still persist in S. Africa.

Should we, in the UK, seek to include similar provisions protecting socio-economic rights in our new constitution. Should we seek to protect the right to education, healthcare etc. under a new constitution? Would a constitutional protection of socio-economic rights be an effective means of protecting the most vulnerable in our society?