Author: South African Human Rights Commission
Publisher:
ISBN: 9781875009367
Category : Human rights
Languages : en
Pages :

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Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0199640300
Category : Law
Languages : en
Pages : 1358

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"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218149
Category : Law
Languages : en
Pages : 629

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The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

Author: South African Human Rights Commission
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 79

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Author: South African Human Rights Commission
Publisher:
ISBN: 9781875009350
Category : Human rights
Languages : en
Pages :

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Author: South African Human Rights Commission
Publisher:
ISBN: 9781875009336
Category : Human rights
Languages : en
Pages :

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Author: South African Human Rights Commission
Publisher:
ISBN: 9781875009329
Category : Human rights
Languages : en
Pages :

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Author: Human Rights Commission (South Africa)
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages :

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Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288

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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.

Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32

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