Judging Social Rights
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Judging Social Rights
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Author : Jeff King
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-10
Judging Social Rights written by Jeff King and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-10 with Law categories.
Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Trust Courts And Social Rights
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Author : David Vitale
language : en
Publisher: Cambridge University Press
Release Date : 2024-01-31
Trust Courts And Social Rights written by David Vitale and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-31 with Law categories.
Proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government.
Social And Economic Rights In Theory And Practice
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Author : Helena Alviar García
language : en
Publisher: Routledge
Release Date : 2014-09-19
Social And Economic Rights In Theory And Practice written by Helena Alviar García and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-19 with Law categories.
Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.
Judging International Human Rights
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Author : Stefan Kadelbach
language : en
Publisher: Springer
Release Date : 2019-04-15
Judging International Human Rights written by Stefan Kadelbach and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-15 with Law categories.
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Judging Inequality
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Author : James L. Gibson
language : en
Publisher: Russell Sage Foundation
Release Date : 2021-08-31
Judging Inequality written by James L. Gibson and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Political Science categories.
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
A Matter Of Principle
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Author : Ronald Dworkin
language : en
Publisher:
Release Date : 1985-05
A Matter Of Principle written by Ronald Dworkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-05 with Law categories.
This is a book about fundamental theoretical issues of political philosophy and jurisprudence: about what liberalism is and why we still need it; whether we should be skeptical about law and morality; how collective prosperity should be defined; what interpretation is and how far law is a matter of interpretation rather than invention. It is also a practical book about urgent political issues. It is above all, a book about the interplay between these two levels of our political consciousness: practical problems and philosophical theory, matters of urgency and matters of principle.
Judges Against Justice
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Author : Hans Petter Graver
language : en
Publisher: Springer
Release Date : 2014-09-11
Judges Against Justice written by Hans Petter Graver and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-11 with Law categories.
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Common Law Judging
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Author : Douglas E Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2016-07-29
Common Law Judging written by Douglas E Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-29 with Political Science categories.
Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Judging Civil Justice
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Author : Hazel G. Genn
language : en
Publisher: Cambridge University Press
Release Date : 2010
Judging Civil Justice written by Hazel G. Genn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
The Judge In A Democracy
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Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2009-01-10
The Judge In A Democracy written by Aharon Barak and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-10 with Law categories.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.