Social Rights Under The Constitution

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Social Rights Under the Constitution

Author : Cécile Fabre
Publisher : OUP Oxford
ISBN 13 : 0191522767
Total Pages : 218 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Social Rights Under the Constitution by : Cécile Fabre

Download or read book Social Rights Under the Constitution written by Cécile Fabre and published by OUP Oxford. This book was released on 2000-03-02 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standardly rights to adequate minimum income, education, housing, and health care are not usually given constitutional protection. This book argues that social rights should be constitutionalized and protected by the courts, and examines when such constitutionalization conflicts with democracy. It is thus located at the crossroads of two major issues of contemporary political philosophy, to wit, the issue of democracy and the issue of distributie justice. Interestingly and surprisingly enough, philosophers who engage in penetrating discussions on distributive justice do not usually reflect on the implications of their argument for democracy; they are met with equal indifference on the part of theorists of democracy. This book stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of the relationship between these two values cannot be ignored.

Social and Economic Rights and Constitutional Law

Author : Sandra Fredman
Publisher :
ISBN 13 : 9781784718299
Total Pages : 0 pages
Book Rating : 4.7/5 (182 download)

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Book Synopsis Social and Economic Rights and Constitutional Law by : Sandra Fredman

Download or read book Social and Economic Rights and Constitutional Law written by Sandra Fredman and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights. This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.

Socio-economic Rights

Author : Sandra Liebenberg
Publisher : Juta and Company Ltd
ISBN 13 : 9780702184802
Total Pages : 572 pages
Book Rating : 4.1/5 (848 download)

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Book Synopsis Socio-economic Rights by : Sandra Liebenberg

Download or read book Socio-economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

The People’s Constitution

Author : John F. Kowal
Publisher : The New Press
ISBN 13 : 1620975629
Total Pages : 493 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis The People’s Constitution by : John F. Kowal

Download or read book The People’s Constitution written by John F. Kowal and published by The New Press. This book was released on 2021-09-21 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

How Constitutional Rights Matter

Author : Adam Chilton
Publisher : Oxford University Press, USA
ISBN 13 : 0190871458
Total Pages : 397 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis How Constitutional Rights Matter by : Adam Chilton

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Looking for Rights in All the Wrong Places

Author : Emily Zackin
Publisher : Princeton University Press
ISBN 13 : 069115578X
Total Pages : 250 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Looking for Rights in All the Wrong Places by : Emily Zackin

Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

Weak Courts, Strong Rights

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Social Rights Under the Constitution

Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Social Rights Under the Constitution by :

Download or read book Social Rights Under the Constitution written by and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.2. Rights

Human Rights and Social Policy in the 21st Century

Author : Joseph Wronka
Publisher : University Press of America
ISBN 13 : 9780761810117
Total Pages : 336 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Human Rights and Social Policy in the 21st Century by : Joseph Wronka

Download or read book Human Rights and Social Policy in the 21st Century written by Joseph Wronka and published by University Press of America. This book was released on 1998 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 1992.

Our Secret Constitution

Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 9780198032434
Total Pages : 308 pages
Book Rating : 4.0/5 (324 download)

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Book Synopsis Our Secret Constitution by : George P. Fletcher

Download or read book Our Secret Constitution written by George P. Fletcher and published by Oxford University Press. This book was released on 2003-01-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post

How Rights Went Wrong

Author : Jamal Greene
Publisher : HarperCollins
ISBN 13 : 1328518140
Total Pages : 341 pages
Book Rating : 4.3/5 (285 download)

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Book Synopsis How Rights Went Wrong by : Jamal Greene

Download or read book How Rights Went Wrong written by Jamal Greene and published by HarperCollins. This book was released on 2021-03-16 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: AMERICAN ASSOCIATION OF PUBLISHERS PROSE AWARD FINALIST | “Essential and fresh and vital . . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun. Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them. As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.

Constituting Economic and Social Rights

Author : Katharine G. Young
Publisher : Oxford University Press
ISBN 13 : 0191639737
Total Pages : pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Constituting Economic and Social Rights by : Katharine G. Young

Download or read book Constituting Economic and Social Rights written by Katharine G. Young and published by Oxford University Press. This book was released on 2012-08-23 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Rights Of, By, and For the People

Author : Keri E. Iyall Smith
Publisher : Taylor & Francis
ISBN 13 : 1315470004
Total Pages : 200 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Human Rights Of, By, and For the People by : Keri E. Iyall Smith

Download or read book Human Rights Of, By, and For the People written by Keri E. Iyall Smith and published by Taylor & Francis. This book was released on 2017-02-03 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These—the oldest governing documents still in use in the world—urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

The Right to Privacy

Author : Louis Dembitz Brandeis
Publisher : Good Press
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis The Right to Privacy by : Louis Dembitz Brandeis

Download or read book The Right to Privacy written by Louis Dembitz Brandeis and published by Good Press. This book was released on 2023-09-17 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.

Sociology and Human Rights

Author : Judith Blau
Publisher : SAGE Publications
ISBN 13 : 1412991382
Total Pages : 313 pages
Book Rating : 4.4/5 (129 download)

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Book Synopsis Sociology and Human Rights by : Judith Blau

Download or read book Sociology and Human Rights written by Judith Blau and published by SAGE Publications. This book was released on 2011-05-11 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology examines the implications that human rights have for the social sciences. It discusses how the 1789 Bill of Rights of the US Constitution should be expanded to encompass fundamental human rights, as most other constitutions already have been. This collection has special relevance for sociologists because many implicitly assume positive human rights in their studies of, for example, health care and education, and yet do not make these assumptions explicit. This volume also discusses the relevance of social and political movements. The discussions in this text allow readers to compare constitutions, examine international human rights treaties, and delve into countries' histories. Sociology and Human Rights is ideal for engaging in comparative studies of countries' politics and aspects of international cooperation. Each chapter ends with discussion questions to challenge students to think critically about human rights in the United States and around the world.

The Cult of the Constitution

Author : Mary Anne Franks
Publisher : Stanford University Press
ISBN 13 : 1503609103
Total Pages : 310 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Cult of the Constitution by : Mary Anne Franks

Download or read book The Cult of the Constitution written by Mary Anne Franks and published by Stanford University Press. This book was released on 2019-05-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

The Constitution as Social Design

Author : Gretchen Ritter
Publisher : Stanford University Press
ISBN 13 : 9780804754385
Total Pages : 400 pages
Book Rating : 4.7/5 (543 download)

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Book Synopsis The Constitution as Social Design by : Gretchen Ritter

Download or read book The Constitution as Social Design written by Gretchen Ritter and published by Stanford University Press. This book was released on 2006 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by womens rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.