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Investment in Qualityit a constitution, a court or a legislature) effectively to specify theway in which a particular problem should be solved. As noted inChapter 3, in many areas effective policies can only be agreed,analysed and changed in the context of doing them. This is reflectedin the trend, evident across the democratic world, towards involvementof groups and citizens in policy design, monitoring andimplementation. It needs to be recognised that this has implicationsfor how we think about socio-economic rights and equality and themechanisms we create to secure them. It draws attention toMcCrudden’s idea of ‘equality as participation’ (McCrudden, 2000)Tensions Within Justiciable Systems of Socio-Economic RightsAs noted above, the Council does not does not view social inclusionas based on a set of specific socio-economic rights understood in ajusticiable sense. In identifying some of the complexities of rights,it has emphasised that social rights are often secured through policyand administrative measures. Where socio-economic rights arejusticiable, a number of additional tensions and complexities canarise. These include:● Tension between the legal pursuit of unique remedies ordamages and the social policy need for enduring systemicremedies;● Tension between the argument from principle or precedent, thatis the focus of judicial decision, and considerations of aggregatewelfare that resolve trade-offs and compromises inherent incomplex policy issues;● Tension between the court’s instruction to a defendant, such as apublic agency, and the deliberation among a range of stakeholdersthat characterises much public policy making andimplementation;● Tension between the occasional court hearing and the continuousmonitoring that is necessary in a well run organisation orpolicy sphere;● Tension between the expertise and limited managerial capacityof the court and the deep sectoral expertise necessary foreffective social policy; and366