Constituting Economic and Social Rights (Oxford Constitutional Theory)

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en Limba Engleză Paperback – 30 Oct 2014
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.

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ISBN-13: 9780198727897
ISBN-10: 0198727895
Pagini: 376
Ilustrații: black & white illustrations
Dimensiuni: 162 x 238 x 46 mm
Greutate: 0.54 kg
Editura: Oxford University Press
Colecția OUP Oxford
Seria Oxford Constitutional Theory

Locul publicării: Oxford, United Kingdom


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.
Katharine Young proposes an original theory about the development of economic and social rights, linking such development to their philosophical foundations, to their institutionalization in binding legal norms, and to their impacts in real life. It is an illuminating and well-informed account of how rights evolve, as a result of the tensions between these poles. This book is a breakthrough in scholarship on economic and social rights.
Young's work comes from a deeper sense of injustice with current world affairs and offers an imaginative and thought provoking account of the potential merits, and pitfalls, of rights based constitutionalism.
A brilliant discussion of an extremely difficult subject of great importance to policy making and practical reasoning. Katharine Young's lucidity is exemplary, and so is the originality of her approach to human rights.
Katharine Young's book is both an ideal introduction to the discourse of social and economic rights and an important advance of the field. She offers a spirited defense of the possibility of a human rights practice that is both grounded and emancipatory. Skeptics will find that their reservations are extensively and fairly considered. Activists will find many provocative challenges to their conventional wisdom. All readers will be grateful for her lucid and livelyexposition.

Notă biografică

Dr Katharine Young is Associate Professor at Boston College Law School. She completed doctoral studies at Harvard Law School and law and arts degrees at Melbourne Law School. Dr Young has served as a Fellow at a number of interdisciplinary programs, including Amartya Sen's Project on Justice, Welfare and Economics at Harvard University. She has comparative professional experience in Australia, the United States, and in the United Nations legalsystem.