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Author: Katharine G. Young
Publisher: Cambridge University Press
ISBN: 1108418139
Category : Law
Languages : en
Pages : 711
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Book Description
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Author: Katharine G. Young
Publisher: Cambridge University Press
ISBN: 1108418139
Category : Law
Languages : en
Pages : 711
Get Book Here
Book Description
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Author: Sandra Liebenberg
Publisher: Juta and Company Ltd
ISBN: 9780702184802
Category : Business & Economics
Languages : en
Pages : 572
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Book Description
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.
Author: Malcolm Langford
Publisher: Cambridge University Press
ISBN: 1107021146
Category : Business & Economics
Languages : en
Pages : 487
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Book Description
This book sets out to assess the role and impact of socio-economic strategies used by civil society actors in South Africa. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action.
Author: Marlies Hesselman
Publisher: Taylor & Francis
ISBN: 1317209893
Category : Law
Languages : en
Pages : 347
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Book Description
There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.
Author: Helena Alviar García
Publisher: Routledge
ISBN: 1317964438
Category : Law
Languages : en
Pages : 344
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Book Description
Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.
Author: Steven L. B. Jensen
Publisher: Cambridge University Press
ISBN: 1009020668
Category : History
Languages : en
Pages : 351
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Book Description
This pioneering volume explores the long-neglected history of social rights, from the Middle Ages to the present. It debunks the myth that social rights are 'second-generation rights' – rights that appeared after World War II as additions to a rights corpus stretching back to the Enlightenment. Not only do social rights stretch back that far; they arguably pre-date the Enlightenment. In tracing their long history across various global contexts, this volume reveals how debates over social rights have often turned on deeper struggles over social obligation – over determining who owes what to whom, morally and legally. In the modern period, these struggles have been intertwined with questions of freedom, democracy, equality and dignity. Many factors have shaped the history of social rights, from class, gender and race to religion, empire and capitalism. With incomparable chronological depth, geographical breadth and conceptual nuance, Social Rights and the Politics of Obligation in History sets an agenda for future histories of human rights.
Author: Claire-Michelle Smyth
Publisher: Clarus Press
ISBN: 9781905536924
Category : Basic needs
Languages : en
Pages : 194
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Book Description
"Social and economic rights encompass the essential elements required for a human being to exist. They include the right to food, water, shelter, emergency medical care, housing and social assistance. However, these rights are primarily seen as being subordinate to civil and political rights. Social and Economic Rights in Ireland focuses on Ireland's protection and vindication of these rights providing a detailed examination of the law in this area, both domestically and under the State's international obligations. With this focus in mind, the following international treaties are analysed: The European Social Charter; The Charter of Fundamental Rights of the European Union; The International Covenant on Economic Social and Cultural Rights, and the European Convention on Human Rights. Their impact is critically examined in order to assess whether Ireland is in compliance with its international obligations. Social and Economic Rights in Ireland provides a detailed and critical analysis of the law and policy in relation to social and economic rights. It will be an invaluable resource for legal academics, students and lawyers, especially in the area of human rights, public law and constitutional law as well as anyone interested in politics, political science, social policy, governance and social and economic rights generally"--Back cover.
Author: Gordon Brown
Publisher: Open Book Publishers
ISBN: 1783742216
Category : Political Science
Languages : en
Pages : 129
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Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Author: Katharine G. Young
Publisher: OUP Oxford
ISBN: 0191639745
Category : Law
Languages : en
Pages : 376
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Book Description
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.
Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288
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Book Description
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.
