Making Social Rights Real

Author : Katharine G. Young
Publisher : Cambridge University Press
ISBN 13 : 1108418139
Total Pages : 711 pages
Book Rating : 4.33/5 ( download)

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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.

Author : Rodríguez, Cesar
Publisher : Djusticia
ISBN 13 : 9585830981
Total Pages : 67 pages
Book Rating : 4.81/5 ( download)

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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

Author : Malcolm Langford
Publisher : Cambridge University Press
ISBN 13 : 1108211224
Total Pages : 547 pages
Book Rating : 4.22/5 ( download)

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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.

Author : Conor Gearty
Publisher : Bloomsbury Publishing
ISBN 13 : 184731743X
Total Pages : 201 pages
Book Rating : 4.38/5 ( download)

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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.

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.77/5 ( download)

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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.

Author : Jeff King
Publisher : Cambridge University Press
ISBN 13 : 1107008026
Total Pages : 399 pages
Book Rating : 4.21/5 ( download)

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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.

Author : Katharine G. Young
Publisher : Oxford University Press
ISBN 13 : 0191639737
Total Pages : pages
Book Rating : 4.39/5 ( download)

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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.

Author : Benjamin Gregg
Publisher : Cambridge University Press
ISBN 13 : 1139505416
Total Pages : 271 pages
Book Rating : 4.13/5 ( download)

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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.

Author : American Library Association
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Dr Martin Luther King
Publisher : HarperOne
ISBN 13 : 9780063425811
Total Pages : 0 pages
Book Rating : 4.15/5 ( download)

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Download or read book Letter from a Birmingham Jail written by Dr Martin Luther King and published by HarperOne. This book was released on 2025-01-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: