The Courts And Social Policy
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The Courts And Social Policy
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Author : Donald L. Horowitz
language : en
Publisher: Brookings Institution Press
Release Date : 2010-12-10
The Courts And Social Policy written by Donald L. Horowitz and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-10 with Law categories.
In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Courts And Social Transformation In New Democracies
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Author : Roberto Gargarella
language : en
Publisher: Routledge
Release Date : 2017-03-02
Courts And Social Transformation In New Democracies written by Roberto Gargarella and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.
Law Justice And Social Policy
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Author : Rosalind Brooke Ross
language : en
Publisher:
Release Date : 1979
Law Justice And Social Policy written by Rosalind Brooke Ross and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law categories.
Social Policy And Policymaking By The Branches Of Government And The Public At Large
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Author : Theodore J. Stein
language : en
Publisher: Columbia University Press
Release Date : 2001-03-08
Social Policy And Policymaking By The Branches Of Government And The Public At Large written by Theodore J. Stein and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-08 with Political Science categories.
An essential resource for students of social policy and social welfare as well as for social welfare practitioners and other human services professionals, this text examines the policymaking activity of the different branches of the American government and of the public-at-large as well as the interactions between the branches of government and the general public in the formation and implementation of social policy. In addition to examining the role of the legislative and executive branches of government, Theodore J. Stein covers the often-overlooked role of the judiciary in policymaking. He addresses the ways social welfare practitioners should interpret (1) conflicting judicial rulings in cases where courts of equal jurisdiction rule differently on the same matter and (2) judicial rulings that signal significant changes in the law. The book looks at politics, practice, and implementation and provides a historical background of social policy and social work practice plus a wealth of descriptive and analytic information concerning policymaking processes, specific social policies, and the effect of social policy on social programs.
Courting Social Justice
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Author : Varun Gauri
language : en
Publisher: Cambridge University Press
Release Date : 2008-09-08
Courting Social Justice written by Varun Gauri 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 2008-09-08 with Political Science categories.
This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
The Courts And Social Policy In The United States
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Author : Daniel Butt
language : en
Publisher:
Release Date : 2007
The Courts And Social Policy In The United States written by Daniel Butt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Affirmative action programs categories.
A report intended to provide both a record of, and a critical response to, the joint seminar held in Aspen in July 2007 by the Aspen Institute Justice and Society Program and The Foundation for Law, Justice and Society (FLJS). The seminar brought together participants from a wide range of relevant backgrounds to discuss issues relating to the role of the courts in the public policy process, with a specific focus on the US judiciary.
Should The Courts Determine Social Policy
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Author : Peter David Connolly
language : en
Publisher:
Release Date : 1993
Should The Courts Determine Social Policy written by Peter David Connolly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Judicial review categories.
Paper delivered to the Samuel Griffith Society Conference on July 31, 1993.
Exploring Social Rights
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Author : Daphne Barak-Erez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-19
Exploring Social Rights written by Daphne Barak-Erez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-19 with Law categories.
Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)
The Hollow Hope
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Author : Gerald N. Rosenberg
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
The Hollow Hope written by Gerald N. Rosenberg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Legal Aid In Crisis
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Author : Moore, Sarah
language : en
Publisher: Policy Press
Release Date : 2017-04-12
Legal Aid In Crisis written by Moore, Sarah and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-12 with Law categories.
Originally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.