Engaging with Social Rights - Procedure, Participation and Democracy in South Africa's Second Wave (Hardcover)

With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Series:	Comparative Constitutional Law and Policy
Release date:	April 2016
Authors:	Brian Ray
Dimensions:	235 x 160 x 26mm (L x W x T)
Format:	Hardcover
Pages:	381
ISBN-13:	978-1-107-02945-3
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > International law > Public international law > International human rights law Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law > General Promotions
LSN:	1-107-02945-7
Barcode:	9781107029453

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