Constituting Economic and Social Rights
Series: Oxford Constitutional Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 30 October 2014
- ISBN 9780198727897
- Binding Paperback
- No. of pages376 pages
- Size 238x162x45 mm
- Weight 832 g
- Language English 0
Categories
Short description:
Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.
MoreLong description:
Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law.
Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.
Social and economic rights are growing apace throughout the world. Anyone seeking a thoughtful and comprehensive overview of the different ways in which courts throughout the world are enforcing them could do no better than read this sharp-eyed and fluent book.
Table of Contents:
Introduction: The Path to Transformation
Part I: Constituting Rights by Interpretation
Interpretative Standpoints
Interpreting the Minimum
Interpreting Limits
Part II: Constituting Rights by Enforcement
A Typology of Judicial Review
The Catalytic Court
A Comparative Typology of Courts
Part III: Constituting Rights by Contestation
Social Movements and Economic and Social Rights
The Governance Function of Economic and Social Rights
Conclusion: Economic and Social Rights as Human Rights and Constitutional Rights
