Social and Economic Rights in Theory and Practice (eBook, PDF)

Critical Inquiries
Redaktion: Alviar García, Helena; Williams, Lucy A.; Klare, Karl

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Taylor & Francis eBooks
• Seitenzahl: 344
• Erscheinungstermin: 19. September 2014
• Englisch
• ISBN-13: 9781317964438
• Artikelnr.: 41692323

Autorenporträt

Helena Alviar García is Dean of the Faculty of Law at the Universidad de los Andes, Bogotá, Colombia. Karl Klare is the George J. & Kathleen Waters Matthews Distinguished University Professor at Northeastern University School of Law, Boston, USA. He was one of the founders of the Critical Legal Studies movement. Lucy A. Williams is Professor of Law at Northeastern University School of Law, Boston, USA. She is a co-director of the Project on Human Rights and the Global Economy at Northeastern University School of Law and is the convener of iSERP.

Inhaltsangabe

Part I: Perspectives 1. Critical perspectives on social and economic
rights, democracy and separation of powers 2. Rights-compromised or
rights-savvy? The use of rights-based strategies to advance socio-economic
struggles by Abahlali baseMjondolo, the South African shack-dwellers'
movement 3. Resource questions in social and economic rights enforcement: A
preliminary view Part II: Global social and economic rights practice:
limitations and openings 2A: Latin America 4. Distribution of resources led
by courts: A few words of caution 5. Latin American social
constitutionalism: Courts and popular participation 6. Deliberative
democracy, dialogic justice and the promise of social and economic rights
7. Between activism and deference: Social rights adjudication in the
Brazilian Supreme Federal Tribunal 2B : India 8. The tension between
property rights and social and economic rights: A case study of India 9.
Claiming the right to safe motherhood through litigation: The Indian story
2C: South Africa 10. Democratizing the socio-economic rights-enforcement
process 11. The scope of the judicial role in the enforcement of social and
economic rights: Limits and possibilities viewed from the South African
experience 2D: Canada 12. Inclusive interpretations: Social and economic
rights and the Canadian charter Part III: Looking forward 13. Adjudicating
social and economic rights: Can democratic experimentalism help? 14. The
constitutionalization of social and economic rights 15. Constitutionally
binding social and economic rights as a compelling idea: Reciprocating
perturbations in liberal and democratic constitutional visions