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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Children's Socio-Economic Rights, Democracy And The Courts (Hardcover, New)
Loot Price: R3,393
Discovery Miles 33 930
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Children's Socio-Economic Rights, Democracy And The Courts (Hardcover, New)
Series: Human Rights Law in Perspective
Expected to ship within 12 - 19 working days
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This book is concerned with children's economic and social rights
(sometimes referred to simply as children's social rights). Despite
increased academic interest in both children's rights and
socio-economic rights over the last two decades, children's social
and economic rights remain a comparatively neglected area. This is
particularly true with regard to the role of the courts in the
enforcement of such social rights. Aoife Nolan's book remedies this
omission, focussing on the circumstances in which the courts can
and should give effect to the social and economic rights of
children. The arguments put forward are located within the context
of, and develop, long-standing debates in constitutional law,
democratic theory and human rights. The claims made by the author
are supported and illustrated by concrete examples of judicial
enforcement of children's social and economic rights from a variety
of jurisdictions. The work is thus rooted in both theory and
practice. The author brings together and addresses a wide range of
issues that have never previously been considered together in book
form. These include children's socio-economic rights; children as
citizens and their position in relation to democratic
decision-making processes; the implications of children and their
rights for democratic and constitutional theory; the role of the
courts in ensuring the enforcement of children's rights; and the
debates surrounding the litigation and adjudication of social and
economic rights. This book thus represents a major original
contribution to the existing scholarship in a range of areas
including human (and specifically social) rights, legal and
political theory and constitutional law. 'Children's rights were
often thought to be synonymous with economic and social welfare
prior to the adoption of the Convention on the Rights of the Child
in 1989. Ironically, since that time, remarkably little scholarship
has been devoted to the vitally important economic and social
rights dimensions of children's rights. Nolan's book singlehandedly
remedies that neglect and does so in a sophisticated, nuanced and
balanced way. It provides a superb account of the pros and cons of
judicial activism in promoting these rights.' Philip Alston, John
Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning
literature on the judicial enforcement of socio-economic rights has
failed to engage in a sustained, systemic manner with this topic
from the perspective of children and the complexity of their status
as citizens within contemporary democracies. This book fills this
gap and makes a major contribution to the literature in the three
interrelated areas of the judicial review of socio-economic rights
claims, children's rights, and democratic theory. Nolan navigates
skilfully through the dense, but rich literature in these areas as
well as relevant international and comparative law. In so doing she
illuminates both the pitfalls and potential of resorting to courts
in a partial response to the multifaceted and deeply entrenched
global phenomenon of child poverty.' Professor Sandra Liebenberg,
HF Oppenheimer Professor of Human Rights Law, University of
Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize
2012, awarded by the Irish Association of Law Teachers to a book
that is deemed to have made an outstanding contribution to the
understanding of law.
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