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Vol 21 No 11 Nov/Dec 2016

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Constituting Economic and Social Rights


ISBN13: 9780199641932
Published: August 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £61.00
Paperback edition , ISBN13 9780198727897



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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.

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.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: The Path to Transformation

PART I: CONSTITUTING RIGHTS BY INTERPRETATION
2. Interpretative Standpoints
3. Interpreting the Minimum
4. Interpreting Limits

PART II: CONSTITUTING RIGHTS BY ENFORCEMENT
5. A Typology of Judicial Review
6. The Catalytic Court
7. A Comparative Typology of Courts

PART III: CONSTITUTING RIGHTS BY CONTESTATION
8. Social Movements and Economic and Social Rights
9. The Governance Function of Economic and Social Rights
10. Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights