The Impact Of Constitutional Protection Of Economic Rights On Entrepreneurship

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The Impact of Constitutional Protection of Economic Rights on Entrepreneurship

Author : Emanuela Carbonara
Publisher :
ISBN 13 : 9781638281108
Total Pages : 0 pages
Book Rating : 4.2/5 (811 download)

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Book Synopsis The Impact of Constitutional Protection of Economic Rights on Entrepreneurship by : Emanuela Carbonara

Download or read book The Impact of Constitutional Protection of Economic Rights on Entrepreneurship written by Emanuela Carbonara and published by . This book was released on 2023-02-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Constitutional Protection of Economic Rights on Entrepreneurship: A Taxonomic Survey highlights how characteristics of the legal infrastructure of a country can create conditions that enhance new business creation. It is an exploration of the institutional determinants of entrepreneurship and the way these can affect the observed cross-country differences in the creation of new firms. The main aim is to analyze 195 constitutions, singling out the provisions that enhance economic freedom and are thus likely to create an institutional and legal setup favorable to new business creation. The study tries to answer a question of primary importance for the analysis of entrepreneurship. Does the constitutional protection of principles and values usually associated with a country's endowment of entrepreneurship capital and presence of small firms positively influence the rate of new firm formation and the total endowment of entrepreneurship capital in that country? The remainder of this monograph is structured as follows. Section 2 discusses the importance of institutions in shaping the entrepreneurship capital of a country and favoring the emergence of entrepreneurial ecosystems. Section 3 describes how higher-rank formal institutions represented by actual constitutional provisions affect the design of lower rank norms and regulations of primary importance for economic activity. Section 4 outlines the features of 'economic constitutions', i.e. of constitutional provisions playing a key role in the management of a country's economy. Section 5 gives an overview of alternative measures of entrepreneurship and discusses their implications for empirical analysis. Section 6 focuses on the countries that have adopted the principles of 'economic constitutions' in their written constitutions and discusses the impact of the de jure and de facto implementation of such principles on entrepreneurship. Section 7 shows how the prevailing psychological traits of a country's population may shape the impact of constitutional provisions on its proneness to entrepreneurship and sheds light on the relationship between constitutional provisions and the observed cross-country and cross-industry differences in labor productivity. Finally, Section 8 concludes and provides some recommendations for entrepreneurship policy.

The Impact of Constitutional Protection of Economic Rights on Entrepreneurship

Author : EMANUELA CARBONARA; ENRICO SANTARELLI.
Publisher :
ISBN 13 : 9781638281115
Total Pages : 0 pages
Book Rating : 4.2/5 (811 download)

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Book Synopsis The Impact of Constitutional Protection of Economic Rights on Entrepreneurship by : EMANUELA CARBONARA; ENRICO SANTARELLI.

Download or read book The Impact of Constitutional Protection of Economic Rights on Entrepreneurship written by EMANUELA CARBONARA; ENRICO SANTARELLI. and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Constitutional Protection of Economic Rights on Entrepreneurship: A Taxonomic Survey highlights how characteristics of the legal infrastructure of a country can create conditions that enhance new business creation. It is an exploration of the institutional determinants of entrepreneurship and the way these can affect the observed cross-country differences in the creation of new firms. The main aim is to analyze 195 constitutions, singling out the provisions that enhance economic freedom and are thus likely to create an institutional and legal setup favorable to new business creation. The study tries to answer a question of primary importance for the analysis of entrepreneurship. Does the constitutional protection of principles and values usually associated with a country's endowment of entrepreneurship capital and presence of small firms positively influence the rate of new firm formation and the total endowment of entrepreneurship capital in that country? The remainder of this monograph is structured as follows. Section 2 discusses the importance of institutions in shaping the entrepreneurship capital of a country and favoring the emergence of entrepreneurial ecosystems. Section 3 describes how higher-rank formal institutions represented by actual constitutional provisions affect the design of lower rank norms and regulations of primary importance for economic activity. Section 4 outlines the features of 'economic constitutions', i.e. of constitutional provisions playing a key role in the management of a country's economy. Section 5 gives an overview of alternative measures of entrepreneurship and discusses their implications for empirical analysis. Section 6 focuses on the countries that have adopted the principles of 'economic constitutions' in their written constitutions and discusses the impact of the de jure and de facto implementation of such principles on entrepreneurship. Section 7 shows how the prevailing psychological traits of a country's population may shape the impact of constitutional provisions on its proneness to entrepreneurship and sheds light on the relationship between constitutional provisions and the observed cross-country and cross-industry differences in labor productivity. Finally, Section 8 concludes and provides some recommendations for entrepreneurship policy.

Constitutional Environment and Entrepreneurship

Author : Wei Zhang
Publisher :
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Constitutional Environment and Entrepreneurship by : Wei Zhang

Download or read book Constitutional Environment and Entrepreneurship written by Wei Zhang and published by . This book was released on 2012 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Built on the theories about talent competition between rent-seeking and entrepreneurship, and the theories about constitutional environment and rent-seeking, this dissertation explores empirically the effects of a country's constitutional settings on entrepreneurship, in terms of the quantity of entrepreneurs and the quality of their performance. Both the de facto and de jure constitutional environments are studied. In particular, with respect to the de facto constitutional environment, I considered the property rights protection, decentralization, and the factors suggested by the "selectorate theory". In relation to the de jure constitutional environment, I focused on six aspects including electoral rules, form of government, federalism, property rights protection, judicial independence and antidiscrimination provisions. Three indexes were constructed to measure the de jure property rights protection, judicial independence and antidiscrimination provisions, using the data set provided by the Comparative Constitution Project. The empirical study first shows that the quantity of entrepreneurs is inversely correlated with the quality of entrepreneurship in a country. If entrepreneurship does serve as the engine of economic growth, it is perhaps the quality, rather than quantity, that matters. This study then demonstrates that the de facto property rights protection is associated negatively with the quantity of entrepreneurs, but positively with the quality of entrepreneurship. The effects of the two key factors of the selectorate theory, the size of the winning coalition and the ratio of this size to the size of the selectorate, also appear to be compatible with what the theory is to predict. On the other hand, neither fiscal nor political decentralization is found to significantly affect entrepreneurship. Among the de jure constitutional features, two have significant influence on entrepreneurship. First, the constitutional design of judicial independence has a negative effect on the quantity of entrepreneurs, but a positive one on the quality of their performance. Second, majoritarian electoral rules, compared with non-majoritarian rules, have a negative effect on the quality of entrepreneurship. In contrast, the presumed effects of the other three formal constitutional attributes, federalism, presidentialism and property rights protection, cannot be ascertained. Apart from the cross-country study, I also conducted a detailed research on China. Entrepreneurship in China is a case of entrepreneurial development in an authoritarian state lack of secure property rights and the rule of law, hence afflicted with profuse rent-seeking activities. Under these circumstances, entrepreneurship hinges on both the rent-seeking and the entrepreneurial abilities. Drawing on the private enterprise surveys, I found that, in China, the politically connected were systematically advantaged in terms of bank finance, entry to regulated industries and judicial treatment, when they plunged into the business world. The Chinese case also indicates that, when entrepreneurs cannot trust the commitment made by the state in the constitution, they will be eager to scoop profits as soon as possible and exit swiftly with accumulated wealth. Finally, this dissertation concludes by suggesting that a healthy development of entrepreneurship should be sustainable rather than aiming merely at quick money and instant success. It should allow all talented people to reach their full potentials, rather than keep the politically disconnected away from resources needed to make the best use of their potentials. Above all, it wants a constitutional environment with reliable property rights and equal access to opportunities, neither of which is seen in today's China.

Guiding Principles on Business and Human Rights

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher :
ISBN 13 : 9789211542011
Total Pages : 0 pages
Book Rating : 4.5/5 (42 download)

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Book Synopsis Guiding Principles on Business and Human Rights by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Guiding Principles on Business and Human Rights written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.

Economic Liberties and the Constitution

Author : Bernard H. Siegan
Publisher : Routledge
ISBN 13 : 1351312510
Total Pages : 436 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Economic Liberties and the Constitution by : Bernard H. Siegan

Download or read book Economic Liberties and the Constitution written by Bernard H. Siegan and published by Routledge. This book was released on 2017-09-29 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason the necessity for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

Human Rights in the Market Place

Author : Christopher Harding
Publisher : Routledge
ISBN 13 : 1317119738
Total Pages : 290 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Human Rights in the Market Place by : Christopher Harding

Download or read book Human Rights in the Market Place written by Christopher Harding and published by Routledge. This book was released on 2016-05-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ideology of human rights protection has gained considerable momentum during the second half of the twentieth century at both national and international level and appears to be an effective lever for bringing about legal change. This book analyzes this strategy in economic and commercial policy and considers the transportation of the 'public law' discourse of basic human rights protection into the 'commercial law' context of economic policy, business activity and corporate behaviour. The volume will prove indispensable for anyone interested in human rights, international law, and business and commercial law.

Public Choice and Constitutional Economics

Author : James D. Gwartney
Publisher : JAI Press(NY)
ISBN 13 : 9780892329359
Total Pages : 448 pages
Book Rating : 4.3/5 (293 download)

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Book Synopsis Public Choice and Constitutional Economics by : James D. Gwartney

Download or read book Public Choice and Constitutional Economics written by James D. Gwartney and published by JAI Press(NY). This book was released on 1988 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five of the papers were originally developed at a symposium on government, the economy, and the constitution sponsored by the Policy Sciences Program of Florida State University in March 1986 and subsequently published in the Cato journal, fall 1987. Includes bibliographies and indexes.

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.

Business Law I Essentials

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Judicial Review, Socio-Economic Rights and the Human Rights Act

Author : Ellie Palmer
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313760
Total Pages : 384 pages
Book Rating : 4.8/5 (473 download)

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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.

Constituting Economic and Social Rights

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

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Book Synopsis Constituting Economic and Social Rights by : Katharine Young

Download or read book Constituting Economic and Social Rights written by Katharine Young and published by . This book was released on 2014 with total page 0 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. The book: •Develops an original, analytic model for understanding the rapid legal expansion of socio-economic rights, and their impact on public law and constitutional theory; •Contains comparative examples from such constitutions as South Africa, Canada, Colombia, Germany, Ghana, India, United Kingdom, and the United States, as well as international systems, enriching the comparative law literature; •Draws on judicial, legislative, and executive interactions, as well as civil society and market participants, in a sophisticated legal methodology, overcoming the limitations of traditional court-focused studies.

Liberty, Property, and the Future of Constitutional Development

Author : Ellen Frankel Paul
Publisher : SUNY Press
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.:/5 (49 download)

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Book Synopsis Liberty, Property, and the Future of Constitutional Development by : Ellen Frankel Paul

Download or read book Liberty, Property, and the Future of Constitutional Development written by Ellen Frankel Paul and published by SUNY Press. This book was released on 1990 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a discussion of current trends in the constitutional protection of economic liberties. Since the mid-1930's, the Supreme Court has been reluctant to replace legislative judgements on matters of economic regulation with its own. While the Court permits wide legislative experimentation in the economic realm, it scrutinizes governmental attempts to regulate or abridge other civil liberties quite closely. This state of affairs is known as the "double standard." The question of the appropriateness of this unequal treatment by the Court of these two classes of liberties generates much of the controversy in this volume. Other topics dealt with include the current trends in (and relevance of) constitutional law for welfare rights, labor unions, and labor law. Recent Supreme Court decisions on property rights also receive much attention.

Women, Business and the Law 2021

Author : World Bank
Publisher : World Bank Publications
ISBN 13 : 1464816530
Total Pages : 381 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Women, Business and the Law 2021 by : World Bank

Download or read book Women, Business and the Law 2021 written by World Bank and published by World Bank Publications. This book was released on 2021-04-05 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women, Business and the Law 2021 is the seventh in a series of annual studies measuring the laws and regulations that affect women’s economic opportunity in 190 economies. The project presents eight indicators structured around women’s interactions with the law as they move through their lives and careers: Mobility, Workplace, Pay, Marriage, Parenthood, Entrepreneurship, Assets, and Pension. This year’s report updates all indicators as of October 1, 2020 and builds evidence of the links between legal gender equality and women’s economic inclusion. By examining the economic decisions women make throughout their working lives, as well as the pace of reform over the past 50 years, Women, Business and the Law 2021 makes an important contribution to research and policy discussions about the state of women’s economic empowerment. Prepared during a global pandemic that threatens progress toward gender equality, this edition also includes important findings on government responses to COVID-19 and pilot research related to childcare and women’s access to justice.

SMEs in the Digital Era

Author : Emanuela Carbonara
Publisher : Edward Elgar Publishing
ISBN 13 : 1803921641
Total Pages : 271 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis SMEs in the Digital Era by : Emanuela Carbonara

Download or read book SMEs in the Digital Era written by Emanuela Carbonara and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an interdisciplinary approach this book elaborates and discusses the strategic, regulatory and economic scenario that the sponsorship of a European Digital Single Market has been generating for small- and medium-sized companies (SMEs).

Constitutional Triumphs, Constitutional Disappointments

Author : Rosalind Dixon
Publisher : Cambridge University Press
ISBN 13 : 1108415334
Total Pages : 471 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Triumphs, Constitutional Disappointments by : Rosalind Dixon

Download or read book Constitutional Triumphs, Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Legislation on Sexual Harassment

Author : Don Dyke
Publisher : Legislative Reference Bureau
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis Legislation on Sexual Harassment by : Don Dyke

Download or read book Legislation on Sexual Harassment written by Don Dyke and published by Legislative Reference Bureau. This book was released on 1993 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Protection of Economic, Social and Cultural Rights in Africa

Author : Danwood Mzikenge Chirwa
Publisher : Cambridge University Press
ISBN 13 : 1107173655
Total Pages : 609 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Protection of Economic, Social and Cultural Rights in Africa by : Danwood Mzikenge Chirwa

Download or read book The Protection of Economic, Social and Cultural Rights in Africa written by Danwood Mzikenge Chirwa and published by Cambridge University Press. This book was released on 2016-10-20 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.