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Vol 21 No 11 Nov/Dec 2016

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Social and Economic Rights in Theory and Practice: A Critical Assessment

Edited by: Helena Alviar Garcia, Karl Klare, Lucy A. Williams

ISBN13: 9780415705646
Published: August 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00



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Since World War II and particularly during the past 25 years, several nations have adopted "advanced constitutions" containing guarantees of social and economic rights (SER) as well as the more familiar political and civil rights. Many of the nations leading this trend are located in the developing world suggesting the emergence of a new "constitutionalism of the Global South." However the trend toward enforcement of SER also includes some highly industrialized nations, notably Germany. At the same time parallel developments have occurred at trans-national level with the adoption of treaties which commit signatory states t to respecting and guaranteeing fulfillment of SER for their peoples. The adoption of these constitutions and instruments guaranteeing SER mean that activists, scholars, and judges are now regularly called upon to address complex and challenging questions ranging from jurisprudential issues to very concrete problems concerning how majestic words on paper can be translated into delivery on the ground of social goods such as housing, education, and medical care.

This book has been undertaken as part 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, particularly in the so-called developing nations. 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 particular attention to 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 from both a theoretical and a practical grassroots perspective. The book engages with legal and democratic political theory as well as drawing links between human rights and other discourses such as development theory. It also considers 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.

Subjects:
Human Rights and Civil Liberties, Law and Society
Contents:
1. Introduction, Helena Alviar Garcia, Karl Klare and Lucy A. Williams

Part 1: Current Frontiers
2. Latin-American Social Rights Constitutionalism, Natalia Angel and Domingo Lovera
2. Dialogic Justice and Social Rights, Roberto Gargarella
3. Claiming the Right to Safe Motherhood: the Indian Story, Jayshree Satpute and Sukti Dhital
4. Democratising the Socio-Economic Rights Enforcement Process, Lilian Chenwi
5. The Hermeneutics of Social Rights and Judicial Accountability to International Human Rights Norms, Bruce Porter

Part 2: Challenges
6. Expensive Medicines for the Middle Classes but No Housing for the Poor: Double Standards in Social Rights Adjudication in Brazilian Courts, Octavio Luiz Motta Ferraz
7. A Possible Scope of the Judicial Role in the Enforcement of Social-Economic Rights, D M Davis
8. Rights-Compromised or Rights-Savvy? An Examination of Socio-Economic Rights Claiming by Abahlali baseMjondolo, the South African Shack-Dwellers' Movement, Jackie Dugard, Tshepo Madlingozi and Kate Tissington
9. The Politics of Social Rights: Police, Protest and the Fractured Rights Paradigm, Stuart Wilson
10. Judicial Treatment of Fiscal Consequences in Enforcement of Social and Economic Rights, Lucy Williams

Part 3: Theory
11. Social and Economic Rights and Democratic Theory: Critical Approaches, Karl Klare
12. Advanced-Democratic and Social-Liberal Conceptions of Socioeconomic Rights: Toward an Overlapping Consensus, Frank Michelman
13. Social Rights Review and Liberal Constitutionalism, Colm O'Cinneide

Part 4: Emerging Issues
14. Jumping the Participatory Queue, Sandy Liebenberg and Katie Young
15. Judicial Paradigms and Socio-Economic Rights Litigation in South Africa, Danie Brand
16. The Tension between Property Rights and Socioeconomic Rights, Namita Wahi
17. Social, Economic and Cultural Rights and Economic Development: limiting or reinforcing the market?, Helena Alviar Garcia