Third, legal tradition- whether a country has a tradition of civil, common, Islamic, or customary law- is a strong predictor of whether a constitution will have economic and social rights and whether those rights will be justiciable. More than some one-third of countries identify all economic and social rights as justiciable, another third identify some ESRs as aspirational and some as justiciable, and the last third identify ESRs as aspirational or entrench fewer than two. Second, constitutions accord ESRs different statuses, or strengths.
Whereas a right to education is so common as to be practically universal, a right to food and water is still very rare. First, although economic and social rights (ESRs) have grown increasingly common in national constitutions, not all ESRs are equally widespread. Based on a new and unique dataset that identifies the status of sixteen distinct economic and social rights in the world's constitutions (195 in total), we make four arguments. In this Paper, we examine the global constitutional homogeneity claim with respect to economic and social rights. Much has been written about the global convergence on constitutional supremacy, and the corresponding rise of an apparently universal constitutional discourse, primarily visible in the context of rights.
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