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Social and Economic Rights and Constitutional Law

Edited by: Sandra Fredman

ISBN13: 9781784718299
Published: October 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £361.00



Despatched in 3 to 5 days.

Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. The sophisticated and constructive solutions developed by the fore most thinkers to fully recognize socio-economic rights are drawn together in this collection. They demonstrate how traditional concepts and obstacles can be re-characterized and modified to ensure respect for the indivisibility of human rights.

This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy-makers and all those interested in using human rights to achieve social justice.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
Introduction: Coming of Age: Socio-Economic Rights as Human Rights
Sandra Fredman

PART I FOUNDATIONAL PRINCIPLES
1. Amartya Sen (2004),‘Elements of a Theory of Human Rights’, Philosophy and Public Affairs, 32 (4), Fall, 315–56
2. Frank I. Michelman (2003), ‘The Constitution, Social Rights, and Liberal Political Justification’, International Journal of Constitutional Law, 1 (1), January, 13–34
3. Onora O’Neil (2005), ‘The Dark Side of Human Rights’ International Affairs, 81 (2), 427–39
4. Karl Klare (2015), ‘Critical Perspectives on Social and Economic Rights, Democracy and Separation of Powers’ in Helena Alvia Garcia, Karl Klare, Lucy A. Williams (eds), Social and Economic Rights in Theory and Practice: Critical Inquiries, Chapter 1, Abingdon, UK and New York, NY, USA: Routledge, 3–22
5. Sandra Liebenberg (2005), ‘The Value of Human Dignity in Interpreting Socio-Economic Rights’, South African Journal on Human Rights, 21, 1–31

PART II CONCEPTUALISING THE RELATIONSHIP BETWEEN RIGHTS AND DUTIES
6. Phillip Alston and Gerard Quinn (1987), ‘The Nature and the Scope of States Parties Under the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 9 (2), May, 156–229
7. Audrey R. Chapman (1996), ‘ A“Violations Approach” for Monitoring the International Covenant of Social, Economic and Cultural Rights’, Human Rights Quarterly, 18 (1), February, 23–66
8. Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’, Yale Journal of International Law, 33, 113–75
9. Sigrun Skogly (2012), ‘The Requirement of Using the ‘Maximum of Available Resources’ for Human Rights Realisation: A Question of Quality as well as Quantity?’, Human Rights Law Review, 12 (3), 393–420
10. Colin Harvey and Eoin Rooney (2010), ‘Integrating Human Rights? Socio-Economic Rights and Budget Analysis’, European Human Rights Law Review, 3, 266–79
11. Magdalena Sepúlveda Carmona (2009), ‘The Obligations of “International Assistance and Cooperation” Under the International Covenant on Economic, Social and Cultural Rights. A Possible Entry Point to A Human Rights Based Approach to Millennium Development Goal 8’, International Journal of Human Rights, 13 (1), 86–109

PART III THE ROLE OF COURTS
12. Jeff A. King (2008), ‘Institutional Approaches to Judicial Restraint’, Oxford Journal of Legal Studies, 28 (3), Autumn, 409–41
13. Rosalind Dixon (2007), ‘Creating Dialogue about Socioeconomic Rights: Strong-form Versus Weak-Form Judicial Review Revisited’, International Journal of Constitutional Law, 5 (3), July, 391–418
14. Alicia Ely Yamin (2014), ‘Promoting Equity in Health: What Role for Courts?’, Health and Human Rights Journal, 16 (2), December, 1–9

PART IV EQUALITY AND SOCIO-ECONOMIC RIGHTS
15.Sandra Fredman (2007), ‘Redistribution and Recognition: Reconciling Inequalities’, South African Journal on Human Rights, 23, 214–34
16. Gwen Brodsky and Shelagh Day (2005), ‘Denial of the Means of Subsistence as an Equality Violation’, Acta Juridica, 149–70
17. Kamala Sankaran (2007), ‘Special Provisions and Access to Socio-Economic Rights: Women and the Indian Constitution’, South African Journal on Human Rights, 23, 277–90
18. Leilani Fahra (2002), ‘Is There a Woman in the House? Reconceiving the Human Right to Housing?’, Canadian Journal of Women and the Law, 14, 118–41
19. Murray Wesson (2007), ‘Equality and Social Rights: An Exploration in Light of the South African Constitution’, Public Law, 748–69
20. Beth Goldblatt (2009), ‘The Right to Social Security- Addressing Women’s Poverty and Disadvantage’, South African Journal on Human Rights, 25, 442–66
21. Colleen M. Flood and Aeyal Gross (2014), ‘Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach’, Health and Human Rights Journal, 16 (2), December, 62–72

PART V REMEDIAL ENFORCEMENT
22. Kent Roach and Geoff Budlender (2005), ‘Mandatory Relief and Supervisory Jurisdiction: When is it Appropriate, Just and Equitable’, South African Law Journal, 122 (2), 325–51
23. Varun Gauri and Daniel M. Brinks (2009), ‘Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rights’ in Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World, Chapter 1, Cambridge, UK: Cambridge University Press, 1–37
24. David Landau (2012), ‘The Reality of Social Rights Enforcements’, Harvard International Law Journal, 53 (1), Winter, 189–247
Index