Professor Klatt's article "Positive Rights: Who Decides? Judicial Review in Balance" (2015), internationally recognised and already translated into several languages, gains another sign of acknowledgement by being called for a new reprint in the recent book "Proportionality, Balancing and Rights" edited by Professor Dr Jan-Reinard Sieckmann (Law Faculty of Erlangen-Nürnberg) and published by Springer International Publishing.
In this paper, Professor Klatt argues that the democratic objection to judicial review is mistaken and that one cannot propose an absolute model of a parliamentary decision or judicial review for positive rights. Instead, a balanced model, which admits degrees, is more desirable and correct. Thus, criteria are put forward and discussed for how much closer to a political or revisional decision a given matter is.
With this model, not necessarily exhaustive, a more rational and argumentative verification of positive human rights decisions is possible.
You may check it here: https://bit.ly/3mkSCRa