Chapter 3 | Page 106 positions on the role of the State in the economy.22 The terms ‘activist State’ and ‘activist government’ have been used by scholars in both economics and policy, although neither has a single accepted definition. An important characterisation of an ‘activist State’ is that of João Biehl, who speaks of it as ‘combined State and community actions and the work on public opinion’.23 This view is based on the legal constructivist perspective and considers how the political exercise of power by the State shapes and influences the legal discourse.24 Bruce Ackerman’s characterisation, on the other hand, is based on the impact on individuals of the decisions made by State officials, including economic, welfare, defence and other social consequences.25 All these perspectives share the conceptualisation of the ‘activist State’ as a central synergistic force between State and society which helps create conditions that enable both the State and the society to overcome challenges in the implementation of socially desired policies. Thus, this approach broadens the fiscal and policy space around resources requirements for ESC rights. The impact of globalisation on the realisation of ESC rights, especially through its effect on government resources and capacity, is significant and has the potential to undermine rights realisation at many levels.26 It is also argued that macroeconomic policies such as privatisation and commodification of essential services in the current economic system have ‘reduced the promise of ESC rights to empty rhetoric, through undermining people’s ability to enjoy rights’.27 If this claim is correct, relevant public policy stances must be 22 In economics literature, the role of the State in the economy can be viewed from very different opposing perspectives – of Adam Smith, in which the State is seen as an outsider (but often a violent intervener) in the economy; and that of Johann Heinrich Gottlob von Justi, for whom the State is a peaceful and productive participant within the economy. 23 João Biehl, 'The Activist State: Global Pharmaceuticals, AIDS, and Citizenship in Brazil' (2004) 22(3) Social Text 105-132, 115. Biehl attributes this notion to the former President of Brazil Fernando Henrique. 24 Bruce Ackerman, 'Foreword: Law in an Activist State' (1983) 92(7) The Yale Law Journal 1083-1128. 25 Ibid. 26 Paul O’Connell, 'The Death of Socio-Economic Rights' (2011) 74(4) The Modern Law Review 532-554, 533. 27 Ibid., 552.