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Vol 21 No 10 Oct/Nov 2016

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Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World

Edited by: Varun Gauri, Daniel Brinks

ISBN13: 9780521145169
Published: May 2010
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2008)
Price: £23.99
Hardback edition , ISBN13 9780521873765



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country.

The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.

  • First of its kind study of the causes and effects of social and economic rights litigation
  • Offers structured comparison of five countries: Brazil, India, Indonesia, Nigeria, and South Africa
  • Develops new methodologies for analyzing the sources of and variation in social and economic rights litigation

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: the elements of legalization, and the triangular shape of social and economic rights
2. Litigating for social justice in post-apartheid South Africa: a focus on health and education
3. Accountability for social and economic rights in Brazil
4. Courts and socio-economic rights in India
5. The impact of economic and social rights in Nigeria: an assessment of the legal framework for implementing education and health as human rights
6. The implementation of the rights to health care and education in Indonesia
7. A new policy landscape: legalizing social and economic rights in the developing world
8. Transforming legal theory in the light of practice: the judicial application of social and economic rights to private orderings.