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Social Rights Judgments And The Politics Of Compliance
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Book Synopsis Social Rights Judgments and the Politics of Compliance by : Malcolm Langford
Download or read book Social Rights Judgments and the Politics of Compliance written by Malcolm Langford and published by Cambridge University Press. This book was released on 2017-03-02 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
Book Synopsis Social Rights Judgments and the Politics of Compliance by : Malcolm Langford
Download or read book Social Rights Judgments and the Politics of Compliance written by Malcolm Langford and published by Cambridge University Press. This book was released on 2017-03-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Social Rights Judgments and the Politics of Compliance is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions, and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights, and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation, and focuses on judicial reflexivity, alliance building and social mobilisation.
Book Synopsis Social Rights Judgments and the Politics of Compliance by : Malcolm Langford
Download or read book Social Rights Judgments and the Politics of Compliance written by Malcolm Langford and published by Cambridge University Press. This book was released on 2017-03-02 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to map and explain compliance with judgments of social rights across multiple jurisdictions.
Book Synopsis Strategies of Compliance with the European Court of Human Rights by : Andreas von Staden
Download or read book Strategies of Compliance with the European Court of Human Rights written by Andreas von Staden and published by University of Pennsylvania Press. This book was released on 2018-05-02 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Strategies of Compliance with the European Court of Human Rights, Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
Book Synopsis Domestic Politics and International Human Rights Tribunals by : Courtney Hillebrecht
Download or read book Domestic Politics and International Human Rights Tribunals written by Courtney Hillebrecht and published by Cambridge University Press. This book was released on 2014-02-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.
Book Synopsis Research Handbook on Compliance in International Human Rights Law by : Grote, Rainer
Download or read book Research Handbook on Compliance in International Human Rights Law written by Grote, Rainer and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Book Synopsis Judging Social Rights by : Jeff King
Download or read book Judging Social Rights written by Jeff King and published by Cambridge University Press. This book was released on 2012-05-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Book Synopsis Regional Courts, Domestic Politics, and the Struggle for Human Rights by : Jillienne Haglund
Download or read book Regional Courts, Domestic Politics, and the Struggle for Human Rights written by Jillienne Haglund and published by Cambridge University Press. This book was released on 2020-06-25 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite substantial growth in past decades, international human rights law faces significant enforcement challenges and threats to legitimacy in many parts of the world. Regional human rights courts, like the European and Inter-American Courts of Human Rights, represent unique institutions that allow individuals to file formal complaints with an international legal body and render judgments against states. In this book, Jillienne Haglund focuses on regional human rights court deterrence, or the extent to which adverse judgments discourage the commission of future human rights abuses. She argues that regional court deterrence is more likely when the chief executive has the capacity and willingness to respond to adverse regional court judgments. Drawing comparisons across Europe and the Americas, this book uses quantitative data analyses, supplemented with qualitative evidence from many adverse judgments, to explain the conditions under which regional courts deter future rights abuses.
Book Synopsis Social Rights Jurisprudence by : Malcolm Langford
Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Lessons Learnt from the Implementation of Civil and Political Rights Judgments by : Basak Cali
Download or read book Lessons Learnt from the Implementation of Civil and Political Rights Judgments written by Basak Cali and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of economic, social and cultural (ESC) rights judgments is often considered to present challenges that are very different from those encountered in the realm of civil and political (CP) rights. It is often assumed that there is something particular about the implementation of ESC rights that is worth investigating. Notwithstanding the well-founded claims underlying this assumption, this paper takes a step back and asks what lessons from the implementation of CP rights judgments might be generalized and fruitfully applied to the broader field of human rights implementation, including the realm of ESC rights. Its key contribution to the discussion is achieved through a shift of focus: rather than concentrating on the type of right to be implemented and presuming that the content of the right in question will determine the success or failure of its implementation, this paper looks at the process of rights implementation as such- taking into consideration institutional design criteria of different compliance regimes as well as domestic judicial and political contexts. It proposes an interactional account of compliance in which the speed and comprehensiveness of rights implementation is crucially bound up with the relationship between (supranational) human rights bodies and (national) decision makers.
Book Synopsis The Future of Economic and Social Rights by : Katharine G. Young
Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Book Synopsis The Right to Political Participation by : Gabriella Citroni
Download or read book The Right to Political Participation written by Gabriella Citroni and published by Routledge. This book was released on 2022-01-28 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the “democratic argument,” that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters’ participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.
Book Synopsis Litigating the Climate Emergency by : César Rodríguez-Garavito
Download or read book Litigating the Climate Emergency written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2022-10-31 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the climate crisis intensifies and becomes acutely visible, promising responses have been developed by scientists, advocates, and scholars around the world. Mobilizations such as #FridaysforFuture and Extinction Rebellion are converging with Indigenous peoples' movements and other social justice movements to convey the urgency and the scale needed for climate action. Reports by the Intergovernmental Panel on Climate Change, informed by developments in attribution science, establish more precise links between greenhouse gas emissions, extreme weather events, and human impacts. In the meantime, collaborations between scientists and journalists have drawn the broader public's attention to detailed information about the magnitude of planet-warming emissions associated with the activities of major fossil fuel companies"--
Book Synopsis Radical Deprivation on Trial by : César Rodríguez-Garavito
Download or read book Radical Deprivation on Trial written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Book Synopsis Compliance with International Human Rights Law in Africa by : Aderomola Adeola
Download or read book Compliance with International Human Rights Law in Africa written by Aderomola Adeola and published by Oxford University Press. This book was released on 2022-02-03 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.
Book Synopsis From Transitional to Transformative Justice by : Paul Gready
Download or read book From Transitional to Transformative Justice written by Paul Gready and published by Cambridge University Press. This book was released on 2019-02-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
