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The social constitution : embedding social rights through legal mobilization
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ISBN: 1009367730 1009367765 1009367722 1009367757 9781009367721 9781009367752 9781009367738 Year: 2023 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press,

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In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized. Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally. Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims. These interactions ultimately construct the content and strength of the constitutional order. Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.


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Engaging with social rights : procedure, participation and democracy in South Africa's second wave
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ISBN: 131654012X 1316540553 1316540987 131654141X 1316543137 1139333704 9781316541418 1107029457 1108446175 1316537544 9781139333702 9781316543139 9781316540558 9781316540985 Year: 2016 Publisher: Cambridge : Cambridge University Press,

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With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.


Book
Social rights and the politics of obligation in history
Authors: ---
ISBN: 1009008684 1009020862 1316519236 1009020668 Year: 2022 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Indivisible Human Rights: A History
Authors: --- ---
ISBN: 1283897393 0812205405 0812242408 9780812242409 Year: 2010 Publisher: University of Pennsylvania Press

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Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960's and 1970's, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990's, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories-thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights.


Book
Social rights judgements and the politics of compliance : making it stick
Authors: --- ---
ISBN: 9781107160217 1107160219 1316613313 1108216625 1108215270 1316673057 1108217974 1108224725 1108219322 1108207170 9781316673058 9781316613313 Year: 2017 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Debating social rights
Authors: ---
ISBN: 9781849460231 184946023X Year: 2011 Publisher: Oxford Hart


Book
The future of economic and social rights
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ISBN: 1108307752 1108284655 1108418139 1108304753 Year: 2019 Publisher: Cambridge : Cambridge University Press,

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The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a single-minded conception of development as economic growth, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. However, today, under conditions of immense poverty, insecurity, and political instability, the rights to education, health care, housing, social security, food, water, and sanitation are central components of the human rights agenda. The Future of Economic and Social Rights captures the significant transformations occurring in the theory and practice of economic and social rights, in constitutional and human rights law. Professor Katharine G. Young brings together a group of distinguished scholars from diverse disciplines to examine and advance the broad research field of economic and social rights that incorporates legal, political science, economic, philosophy and anthropology scholars.


Book
Contesting economic and social rights in Ireland : constitution, state, and Society, 1848-2016
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ISBN: 1316684989 131668525X 1316685527 1316686604 1316685799 1316652866 1107155355 1316608824 1316683362 Year: 2016 Publisher: Cambridge : Cambridge University Press,

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This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.

The global new deal: economic and social human rights in world politics
Author:
ISBN: 0742517829 9780742517813 0742517810 Year: 2003 Publisher: Lanham (Md) Rowman & Littlefield


Multi
Rättens polyvalens : en rättsvetenskaplig studie av sociala rättigheter och rättsäkerhet
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ISBN: 9172671351 Year: 2002 Publisher: Lund Lunds universitet. Sociologiska institutionen

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