Costly ambiguities: Afterword to the Foreword by Nehal Bhuta

Abstract Even as social rights now appear in the majority of the world’s constitutions, most of the core human rights treaties, and many legislative bills of rights, their political and legal meaning remain ambiguous. Nehal Bhuta’s 2025 Foreword seeks clarity through a return to older history, and an examination of the demands made by the nineteenth-century Jacobin and Chartist movements for a guaranteed access to “fair shares of the economic whole.” This Afterword compares and contrasts Bhuta’s genealogy with the influential paradigm of transformative constitutionalism and the centrality of social rights within it. In particular, it examines the more recent developments of social rights, in prominent twentieth-century expressions made after World War II and in Global South contexts, where the constitutionalist vision of social rights reflected an effort to tame both laissez-faire capitalism and state socialism, alongside a “never again” response to the devastations of fascism. That vision of social rights has been disrupted, and sometimes accommodated, by the neoliberal political economy of recent decades. This Afterword observes that the “fair shares” origins of social rights, and especially the collective and natural rights dimensions that the Foreword chooses to highlight, both broaden and limit the capacity of social rights to respond to our current economic and populist challenges and constitutional transformations.

Authors

Publication Details

Journal
International Journal of Constitutional Law
Published
2026-01-22
DOI
https://doi.org/10.1093/icon/moag006
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Costly ambiguities: Afterword to the Foreword by Nehal Bhuta

Katharine Young
International Journal of Constitutional Law
Environmental law and policy
article

Costly ambiguities: Afterword to the Foreword by Nehal Bhuta

Katharine Young
article en

Abstract

Abstract Even as social rights now appear in the majority of the world’s constitutions, most of the core human rights treaties, and many legislative bills of rights, their political and legal meaning remain ambiguous. Nehal Bhuta’s 2025 Foreword seeks clarity through a return to older history, and an examination of the demands made by the nineteenth-century Jacobin and Chartist movements for a guaranteed access to “fair shares of the economic whole.” This Afterword compares and contrasts Bhuta’s genealogy with the influential paradigm of transformative constitutionalism and the centrality of social rights within it. In particular, it examines the more recent developments of social rights, in prominent twentieth-century expressions made after World War II and in Global South contexts, where the constitutionalist vision of social rights reflected an effort to tame both laissez-faire capitalism and state socialism, alongside a “never again” response to the devastations of fascism. That vision of social rights has been disrupted, and sometimes accommodated, by the neoliberal political economy of recent decades. This Afterword observes that the “fair shares” origins of social rights, and especially the collective and natural rights dimensions that the Foreword chooses to highlight, both broaden and limit the capacity of social rights to respond to our current economic and populist challenges and constitutional transformations.

International Journal of Constitutional Law
Peace, Justice and strong institutions
Openalex Percentile: Top 51%
Environmental law and policy
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Costly ambiguities: Afterword to the Foreword by Nehal Bhuta — Katharine Young · International Journal of Constitutional Law (2026) | TGRS Research Map | TGRS