The Future of Economic and Social Rights

ISBN-13: 9781108418133 / Angielski / Twarda / 2019 / 706 str.

Katharine G. Young

Opis

Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Recenzje

'Economic and social rights are the future, whether through their realization, contributing to political stability and distributive justice, or through their denial, creating the space for individual and collective disempowerment, rising inequalities, political unrest and social conflict. The thought-provoking perspectives of the contributors to this book offer a nuanced understanding of both possibilities and of what lies in between.' Virgínia Brás Gomes, Chair of the UN Committee on Economic, Social and Cultural Rights

Spis treści

Foreword Amartya Sen; 1. Introduction Katharine G. Young; Part I. Adjudication and Rights: Global Trends: 2. Justiciable and aspirational ESRs in national constitutions Evan Rosevear, Ran Hirschl and Courtney Jung; 3. Judicial politics and social rights Malcolm Langford; 4. Constitutional non-transformation? Socioeconomic rights beyond the poor David Landau and Rosalind Dixon; Part II. Adjudication and Rights in Context: Two Contrasts: 5. The Right to Education in the American State Courts Michael A. Rebell; 6. Legislating human rights – experience of the right to Education Act in India Arghya Sengupta, Ajey Sangai, Shruti Ambast and Akriti Gaur; Part III. Adjudication and Rights: Democracy and Courts: 7. The participatory democratic turn in South Africa's social rights jurisprudence Sandra Liebenberg; 8. Why do we care about dialogue? 'Notwithstanding clause', 'meaningful engagement' and public hearings: a sympathetic but critical analysis Roberto Gargarella; 9. Empowered participatory jurisprudence: experimentation, deliberation and norms in socioeconomic rights adjudication César Rodríguez-Garavito; 10. Courts and economic and social rights/ courts as economic and social rights Judith Resnik; Part IV. Economic and Social Rights in Retrenchment: Past and Future: 11. The future of social rights: social rights as capstone Jeff King; 12. The present limits and future potential of European social constitutionalism Colm O'Cinneide; 13. Canada's confounding experience with health rights litigation and the search for a silver lining Colleen M. Flood, Bryan Thomas and David Rodriguez; 14. Universal basic income as a social rights-based antidote to growing economic insecurity Philip Alston; Part V. Economic and Social Rights in Development: Local and Global Trajectories: 15. Rights as logistics: notes on the right to food and food retail liberalization in India Amy J. Cohen and Jason Jackson; 16. Human rights, investment and the rights-ification of development: the practice of 'human rights impact assessments' in large-scale foreign investments in natural resources Jeremy Perelman; 17. Human rights testimony in a different pitch: speaking political power Lucie White; 18. Grassroots lawfare: how South Africa's urban poor use land as a legal instrument Kerry Ryan Chance; Part VI. Rights and Accountability: Emerging Doctrines, Evolving Concepts: 19. Public budget analysis for the realization of economic, social and cultural rights: conceptual framework and practical implementation Olivier De Schutter; 20. Bridging the gap: the evolving doctrine on ESCR and 'maximum available resources Rodrigo Uprimny, Sergio Chaparro and Andrés Castro Araújo; 21. Waiting for rights: progressive realization and lost time Katharine G. Young.