Engaging with Social Rights: Procedure, Participation and Democracy in South Africa's Second Wave: Comparative Constitutional Law and Policy
Autor Brian Rayen Limba Engleză Paperback – 31 ian 2018
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Paperback (1) | 322.29 lei 6-8 săpt. | |
Cambridge University Press – 31 ian 2018 | 322.29 lei 6-8 săpt. | |
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Specificații
ISBN-13: 9781108446174
ISBN-10: 1108446175
Pagini: 393
Dimensiuni: 152 x 229 x 21 mm
Greutate: 0.53 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Comparative Constitutional Law and Policy
Locul publicării:New York, United States
ISBN-10: 1108446175
Pagini: 393
Dimensiuni: 152 x 229 x 21 mm
Greutate: 0.53 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Comparative Constitutional Law and Policy
Locul publicării:New York, United States
Cuprins
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.
Recenzii
'Brian Ray's book is a remarkably insightful and powerfully analytical contribution to the evolving scholarship on social (socio-economic) rights adjudication. Using the lens of the South African Constitutional Court - internationally renowned as a pioneer court on social rights - Engaging with Social Rights focuses on the Court's more recent decisions, comparing and contrasting these with the better-known earlier decisions … charting how the Court has used procedural approaches and remedies to navigate the kinds of separation of powers concerns … that typically preoccupy courts in crafting their social rights adjudication doctrine and practice. Highlighting the potential of the Court's procedural focus - especially the meaningful engagement remedy - in opening up space for democratic participation in the context of acknowledged failures of electoral politics, [this book] provides a convincing and comprehensive account of the promise and pitfalls of social rights adjudication in South Africa.' Jackie Dugard, University of the Witwatersrand Law School
'Drawing upon his thorough knowledge of both South African case law and important social scientific analyses of the relation between courts and social change, Brian Ray offers valuable insights into how the South African Constitutional Court has developed a new mechanism for judicial encouragement of policies that advance social and economic rights. By connecting the doctrine of 'meaningful engagement' with broader accounts of courts and democratic politics, Ray makes an important contribution to comparative constitutional law as well as to the study of South African constitutional law.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School
'The South African Constitutional Court has received international acclaim for enforcing socio-economic rights provisions in their Constitution. Brian Ray's impressive, well-written, and learned book examines those cases and various views (criticisms and defenses) as well as the Court's most recent 'second wave' of such cases. He proposes novel and sophisticated theories on how the Court should handle competing concerns such as separation of powers, the incredible poverty the nation faces, and various political considerations. This book is essential reading for all those who wish to keep up with the latest developments in the socio-economic rights area.' Mark Kende, Director, Drake University Constitutional Law Center
'Drawing upon his thorough knowledge of both South African case law and important social scientific analyses of the relation between courts and social change, Brian Ray offers valuable insights into how the South African Constitutional Court has developed a new mechanism for judicial encouragement of policies that advance social and economic rights. By connecting the doctrine of 'meaningful engagement' with broader accounts of courts and democratic politics, Ray makes an important contribution to comparative constitutional law as well as to the study of South African constitutional law.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School
'The South African Constitutional Court has received international acclaim for enforcing socio-economic rights provisions in their Constitution. Brian Ray's impressive, well-written, and learned book examines those cases and various views (criticisms and defenses) as well as the Court's most recent 'second wave' of such cases. He proposes novel and sophisticated theories on how the Court should handle competing concerns such as separation of powers, the incredible poverty the nation faces, and various political considerations. This book is essential reading for all those who wish to keep up with the latest developments in the socio-economic rights area.' Mark Kende, Director, Drake University Constitutional Law Center
Notă biografică
Descriere
A new and comprehensive account of the South African Constitutional Court's social rights decisions.