Social Rights Judgments and the Politics of Compliance: Making It Stick

ISBN-13: 9781107160217 / Angielski / Twarda / 2017 / 494 str.

Malcolm Langford; Cesar Rogriguez-Garavito; Julieta Rossi

Opis

The last few decades have witnessed an explosion of judgments on social rights around the world. However, we know little about whether these rulings have been implemented. Compliance with Socio-Economic Rights Judgments is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions and drawing on multiple disciplines, it finds significant variance in outcomes and reveals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation and focuses on judicial reflexivity, alliance building and social mobilisation.

Spis treści

Part I. Overview: 1. Introduction: from jurisprudence to compliance Malcolm Langford, César Rodríguez-Garavito and Julieta Rossi; 2. Explaining compliance: lessons learnt from civil and political rights Başak Çalı and Anne Koch; 3. Beyond enforcement: assessing and enhancing judicial impact César Rodríguez-Garavito; Part II. Case Studies: 4. Costa Rica: understanding variations in compliance Bruce M. Wilson and Olman A. Rodríguez L.; 5. Argentina: implementation of collective cases Martín Sigal, Julieta Rossi and Diego Morales; 6. Brazil: are collective suits harder to enforce? Octavio Luiz Motta Ferraz; 7. Canada: systemic claims and remedial diversity Bruce Porter; 8. United States: education rights and the parameters of the possible Amanda Shanor and Cathy Albisa; 9. India: compliance with orders on the right to food Poorvi Chitalkar and Varun Gauri; 10. South Africa: rethinking enforcement narratives Malcolm Langford and Steve Kahanovitz; 11. The African human rights system and domestic enforcement Frans Viljoen; 12. Reproductive rights litigation: from recognition to transformation Luisa Cabal and Suzannah Phillips; 13. International housing rights and domestic prejudice: the case of Roma and Travellers Andi Dobrushi and Theodoros Alexandridis; Part III. Concluding Perspectives: 14. Solving the problem of (non)compliance in SE rights litigation Daniel M. Brinks.