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Constitutional history --- Constitutional law --- South Africa --- Politics and government
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This paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treaties; the policies and programming of donors and executive agencies; rights talk; and legal mobilization. The paper briefly reviews the politics of the first three kinds of human rights based approaches before examining constitutionally based legal mobilization for social and economic rights in greater detail. Litigation for social and economic rights is increasing in frequency and scope in several countries, and exhibits appealing attributes, such as inclusiveness and deliberative quality. Still, there are potential problems with this form of human rights based mobilization, including middle class capture, the potential counter-majoritarianism of courts, and difficulties in compliance. The conclusion summarizes what is known, and what remains to be studied, regarding human rights based approaches to development.
Constitutions --- Development policy --- Gender and Law --- Health Law --- Human Rights --- Human rights --- International law --- Law and Development --- Macroeconomics and Economic Growth --- Parliamentary Government --- Population Policies --- Social policy
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This paper assesses the benefits, risks, and limitations of human rights based approaches to development, which can be catalogued on the basis of the institutional mechanisms they rely on: global compliance based on international and regional treaties; the policies and programming of donors and executive agencies; rights talk; and legal mobilization. The paper briefly reviews the politics of the first three kinds of human rights based approaches before examining constitutionally based legal mobilization for social and economic rights in greater detail. Litigation for social and economic rights is increasing in frequency and scope in several countries, and exhibits appealing attributes, such as inclusiveness and deliberative quality. Still, there are potential problems with this form of human rights based mobilization, including middle class capture, the potential counter-majoritarianism of courts, and difficulties in compliance. The conclusion summarizes what is known, and what remains to be studied, regarding human rights based approaches to development.
Constitutions --- Development policy --- Gender and Law --- Health Law --- Human Rights --- Human rights --- International law --- Law and Development --- Macroeconomics and Economic Growth --- Parliamentary Government --- Population Policies --- Social policy
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The past two decades have witnessed the end of several civil wars and authoritarian regimes. The global media brings the height of the conflicts to an international audience, but as the wars end and tensions resolve the media turns away, neglecting the often painful and slow process of reconciliation. In this volume, experts with both practical and policy experience in international conflict explore how societies confront and negotiate a repressive past characterized by gross human-rights violations. Grounding readers in theoretical approaches, the book explores contemporary experiences of rec
Human rights --- National movements --- Social psychology --- Reconciliation --- Political persecution --- Social integration --- Comparative government. --- Comparative political systems --- Comparative politics --- Government, Comparative --- Political systems, Comparative --- Inclusion, Social --- Integration, Social --- Social inclusion --- Political repression --- Repression, Political --- Peace making --- Peacemaking --- Reconciliatory behavior --- Political science --- Sociology --- Belonging (Social psychology) --- Persecution --- Civil rights --- Quarreling --- Réconciliation --- Répression politique --- Droits de l'homme --- Cas, Études de
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This title examines the political role of courts in new democracies in Latin America and Africa, focusing on their ability to hold political power-holders accountable when they act outside their constitutionally defined powers. The book also issues a warning: There are problems inherent in the current global move towards strong constitutional government, where increasingly strong powers are placed in the hands of judges who themselves are not made accountable.
Political questions and judicial power. --- Democratization. --- Politique et pouvoir judiciaire --- Démocratisation --- Latin America --- Africa, Sub-Saharan --- Amérique latine --- Afrique subsaharienne --- Politics and government --- Politique et gouvernement --- Démocratisation --- Amérique latine --- Democratic consolidation --- Democratic transition --- Political science --- New democracies --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Political aspects
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The concept of juridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. This timely book questions the impact international and national regulations have upon vulnerable groups (the unemployed, patients, prisoners, immigrants, and others) in terms of inclusion, exclusion and social citizenship. Focusing on European welfare states, as well as lessons from Latin-America, it considers the implementation of the right to health and the role of international courts. This book brings empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state
Public welfare --- Law, Poverty --- Poor --- Poverty law --- Poor laws --- Social legislation --- Law and legislation. --- Legal status, laws, etc. --- Law --- Social rights --- Welfare state --- Law, Politics & Government --- Law, General & Comparative --- Law and legislation --- Political aspects
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