Making Social Rights Real
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The Future Of Economic And Social Rights
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Author : Katharine G. Young
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11
The Future Of Economic And Social Rights written by Katharine G. Young 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 2019-04-11 with Law categories.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Social Rights Judgments And The Politics Of Compliance
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Author : Malcolm Langford
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-02
Social Rights Judgments And The Politics Of Compliance written by Malcolm Langford 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 2017-03-02 with Law categories.
This is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.
Debating Social Rights
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Author : Conor Gearty
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-12-09
Debating Social Rights written by Conor Gearty and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-09 with Law categories.
'Debating Law' is a new series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest. In this second volume of the series, Conor Gearty argues that for rights to work effectively in the wider promotion of social justice, they need to be kept as far away as possible from the courts. He acknowledges the value of rights language in legal and political debate and accepts that human rights are not solely civil and political, with social rights language clearly having a progressive, emancipatory dimension. However he says that lawyers - even well-intentioned lawyers - damage the achievability of the kind of radical transformation in the priorities of states that a genuine commitment to social rights surely necessitates. Virginia Mantouvalou argues that social rights, defined as entitlements to the satisfaction of basic needs, are as essential for the well-being of the individual and the community as long-established civil and political rights. The real challenge, she suggests, is how best to give effect to social rights. Drawing on examples from around the world, she argues for their 'legalisation', and examines the role of courts and the role of legislatures in this process, both at a national and a international level.
Human Rights In China
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Author : Eva Pils
language : en
Publisher: John Wiley & Sons
Release Date : 2017-11-10
Human Rights In China written by Eva Pils and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-10 with Political Science categories.
How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
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.
Constituting Economic And Social Rights
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Author : Katharine G. Young
language : en
Publisher: Oxford University Press
Release Date : 2012-08-23
Constituting Economic And Social Rights written by Katharine G. Young and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-23 with Law categories.
Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.
Engaging With Social Rights
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Author : Brian Ray
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-21
Engaging With Social Rights written by Brian Ray 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 2016-04-21 with Law categories.
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.
Closing The Rights Gap
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Author : LaDawn Haglund
language : en
Publisher: Univ of California Press
Release Date : 2015-03-21
Closing The Rights Gap written by LaDawn Haglund and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-21 with Social Science categories.
"'Rights' language and practices have been used increasingly in the last decade to address conditions of economic, social, and cultural marginalization. It is still unclear, however, whether such efforts have been effective at promoting transformative social change. Have rights - as embodied in constitutions, statutory and judicial law, international conventions, resolutions, and treaties - fostered demonstrative improvements in the lives of the excluded? When, where, how, and under what conditions? This volume explores these questions through a systematic comparison of the mechanisms, actors, and pathways (MAPs) operating in a diversity of cases, analyzed by established scholars from different disciplinary backgrounds. The MAPs comparative approach provides insights into the conditions under which, and institutions through which, rights 'on the books' are more or less effectively translated into substantive rights realization. We suggest multiple pathways in which litigation may combine with non-legal mechanisms and strategies, including institutionalized and non-institutionalized politics and global and local networks and advocacy. The volume is unique in its synthesis and advancement of parallel issues and debates across different disciplines and geographic regions; it likewise brings into dialogue scholars of economic, social and cultural rights with the scholarship on civil and political rights. These cross-fertilizations allow us to conclude by proposing a series of testable hypotheses about how economic and social rights might be realized, as well as an agenda for future research to broaden and deepen empirical integration and theoretical synthesis in ways that can facilitate human rights realization worldwide."--Provided by publisher.
Weak Courts Strong Rights
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2009-07-20
Weak Courts Strong Rights written by Mark Tushnet 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 2009-07-20 with Political Science categories.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.