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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Children's Socio-Economic Rights, Democracy and the Courts

ISBN13: 9781849467278
Published: June 2014
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £22.50
Hardback edition , ISBN13 9781841137698

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This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice.

The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law.

Human Rights and Civil Liberties, Law and Society
1. Children and Socio-economic Rights
2. Children and Democracy
3. Exploring the 'Counter-Majoritarian Objection'
4. A Question of Balance? The Separation of Powers, Constitutional Supremacy and Children's Socio-economic Rights
5. The Issue of Efficacy
6. Using the Courts to Advance Children's Socio-economic Rights: Proceed with Caution?
7. Conclusions