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Vol 21 No 11 Nov/Dec 2016

Book of the Month

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Criminal Injuries Compensation Claims

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Engaging with Social Rights: Procedure, Participation and Democracy in South Africa's Second Wave


ISBN13: 9781107029453
Published: April 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99



This is a Print On Demand Title.
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.

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.

Subjects:
South Africa, Human Rights and Civil Liberties, Other Jurisdictions
Contents:
1. Introduction
Part I. Justiciability and the First Wave:
2. The justiciability debate and the new constitution
3. The first wave cases
4. A 'curious divergence'

Part II. Procedure and the Second Wave:
5. The second-wave cases
6. Evictions and education
7. Patterns and possibilities in the second wave

Part III. Procedure's Potential:
8. The eviction model
9. Democratic engagement
10. Conclusion: real rights.

Series: Comparative Constitutional Law and Policy

Buddhism Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka ISBN 9781107152236
To be published January 2017
Cambridge University Press
£69.99
Reputation and Judicial Tactics: A Theory of National and International Courts ISBN 9781316621141
Published August 2016
Cambridge University Press
£22.99
Social and Political Foundations of Constitutions ISBN 9781107546080
Published July 2015
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£32.99
Presidential Legislation in India: The Law and Practice of Ordinances ISBN 9781107546028
Published July 2015
Cambridge University Press
£22.99
Magna Carta and its Modern Legacy ISBN 9781107533103
Published April 2015
Cambridge University Press
£23.99
Constitutions and Religious Freedom ISBN 9781107041448
Published March 2015
Cambridge University Press
£65.00
Reputation and Judicial Tactics: A Theory of National and International Courts ISBN 9781107031135
Published October 2014
Cambridge University Press
£65.00
Constitutionalism in Asia in the Early Twenty-first Century
Edited by: Albert Chen
ISBN 9781107043411
Published April 2014
Cambridge University Press
£70.00
Comparative Constitutional Design ISBN 9781107665378
Published March 2014
Cambridge University Press
£33.99
Presidential Legislation in India: The Law and Practice of Ordinances ISBN 9781107039711
Published February 2014
Cambridge University Press
£65.00
Social and Political Foundations of Constitutions ISBN 9781107032880
Published December 2013
Cambridge University Press
£95.00
Consequential Courts: Judicial Roles in Global Perspective ISBN 9781107026537
Published May 2013
Cambridge University Press
£69.99
Consequential Courts: Judicial Roles in Global Perspective ISBN 9781107693746
Published May 2013
Cambridge University Press
£34.99
Comparative Constitutional Design ISBN 9781107020566
Published May 2012
Cambridge University Press
£84.99