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Making Social Rights Real
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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 Making Social Rights Real by : Rodríguez, Cesar
Download or read book Making Social Rights Real written by Rodríguez, Cesar and published by Djusticia. This book was released on 2014-04-30 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the disappointing implementation levels in various countries and across human rights systems, this guide seeks to contribute to the discussion regarding strategies for courts, international decision-makers, and civil society to increase the implementation of ESCR decisions. For generations, human rights defenders have struggled to secure recognition of economic, social and cultural rights (ESC rights) and ensure their justiciability in national, regional and international courts, a struggle that has been very successful. National courts around the world, including in Colombia, India, South Africa and Kenya, are expressing their views on ESC rights on a regular basis, and several countries have explicitly included the justiciability of ESC rights in their constitutions. Regional tribunals such as the Inter-American Court of Human Rights and the African Commission on Human and Peoples’ Rights now consider petitions on ESCR. At the international level, in 2013, the Optional Protocol to the International Covenant on Economic and Social Rights entered into force, allowing the Committee on Economic and Social Rights to hear individual complaints concerning violations of ESC rights
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 Debating Social Rights by : Conor Gearty
Download or read book Debating Social Rights written by Conor Gearty and published by Bloomsbury Publishing. This book was released on 2010-12-09 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Human Rights in China written by Eva Pils and published by John Wiley & Sons. This book was released on 2017-11-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Engaging with Social Rights by : Brian Ray
Download or read book Engaging with Social Rights written by Brian Ray and published by Cambridge University Press. This book was released on 2016-04-21 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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 Closing the Rights Gap by : LaDawn Haglund
Download or read book Closing the Rights Gap written by LaDawn Haglund and published by Univ of California Press. This book was released on 2015-03-21 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: "'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.
Book Synopsis Judicial Review, Socio-Economic Rights and the Human Rights Act by : Ellie Palmer
Download or read book Judicial Review, Socio-Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
Download or read book Freedom's Right written by Axel Honneth and published by John Wiley & Sons. This book was released on 2014-03-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.
Download or read book Just Words written by Joel Bakan and published by University of Toronto Press. This book was released on 1997-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.
Book Synopsis Human Rights as Social Construction by : Benjamin Gregg
Download or read book Human Rights as Social Construction written by Benjamin Gregg and published by Cambridge University Press. This book was released on 2011-12-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God, or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an alternative; he sees human rights as locally developed, freely embraced, and indigenously valid. Human rights, he posits, can be created by the average, ordinary people to whom they are addressed, and that they are valid only if embraced by those to whom they would apply. To view human rights in this manner is to increase the chances and opportunities that more people across the globe will come to embrace them.
Book Synopsis Social Institutions and International Human Rights Law by : Julie Fraser
Download or read book Social Institutions and International Human Rights Law written by Julie Fraser and published by Cambridge University Press. This book was released on 2020-08-06 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.
Book Synopsis Letter from Birmingham Jail by : MARTIN LUTHER KING JR.
Download or read book Letter from Birmingham Jail written by MARTIN LUTHER KING JR. and published by Penguin Classics. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark missive from one of the greatest activists in history calls for direct, non-violent resistance in the fight against racism, and reflects on the healing power of love.
Book Synopsis Research Handbook on International Law and Social Rights by : Christina Binder
Download or read book Research Handbook on International Law and Social Rights written by Christina Binder and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook offers a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century’s policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights.
