Social and economic rights in theory and practice : critical inquiries / edited by Helena Alviar García, Karl Klare and Lucy A. Williams.

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the...

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Bibliographic Details
Online Access: Full Text (via Taylor & Francis)
Other Authors: Alviar García, Helena (Editor), Klare, Karl E. (Editor), Williams, Lucy A. (Editor)
Format: eBook
Language:English
Published: London : Routledge, Taylor & Francis Group, 2015.
Series:Routledge research in human rights law.
Subjects:
Table of Contents:
  • Cover; Title Page; Copyright Page; Dedication; Table of Contents; Notes on contributors; Acknowledgments; PART 1 Perspectives; 1 Critical perspectives on social and economic rights, democracy and separation of powers; 2 Rights-compromised or rights-savvy? The use of rights-based strategies to advance socio-economic struggles by Abahlali baseMjondolo, the South African shack-dwellers' movement; 3 Resource questions in social and economic rights enforcement: a preliminary view; PART 2 Global social and economic rights practice: limitations and openings; 2A: Latin America.
  • 4 Distribution of resources led by courts: a few words of caution5 Latin American social constitutionalism: courts and popular participation; 6 Deliberative democracy, dialogic justice and the promise of social and economic rights; 7 Between activism and deference: social rights adjudication in the Brazilian Supreme Federal Tribunal; 2B: India; 8 The tension between property rights and social and economic rights: a case study of India; 9 Claiming the right to safe motherhood through litigation: the Indian story; 2C: South Africa; 10 Democratizing the socio-economic rights-enforcement process.
  • 11 The scope of the judicial role in the enforcement of social and economic rights: limits and possibilities viewed from the South African experience2D: Canada; 12 Inclusive interpretations: social and economic rights and the Canadian charter; PART 3 Looking forward; 13 Adjudicating social and economic rights: can democratic experimentalism help?; 14 The constitutionalization of social and economic rights; 15 Constitutionally binding social and economic rights as a compelling idea: reciprocating perturbations in liberal and democratic constitutional visions; Bibliography; Index.