Il futuro dei diritti sociali tra garanzie essenziali e garanzie ragionevoli

The article addresses the controversial issue of the justiciability of social rights, arguing that the normative statute as well as the costs connected to their guarantees do not prevent their judicial implementation. The article thus points out that the possibility of a judicial implementation is confirmed by the most recent developments in social rights' constitutional adjudication, looking into the different judicial approaches to it. More specifically, the article analyses the caselaw of the South-african Constitutional Court and the reasonableness test applied to social rights arguing for its merits in contrast to the "categorical” approach propounded by the General Comments of the UN Committee on Economic, Social and Cultural Rights and adopted by many Constitutional Courts (such as the Colombian, the German and the Spanish Court).