Books > Social sciences > Politics & government > Political control & freedoms > Human rights
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Judging Social Rights (Hardcover, New)
Loot Price: R2,005
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Judging Social Rights (Hardcover, New)
Series: Cambridge Studies in Constitutional Law
Expected to ship within 12 - 17 working days
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Countries that now contemplate constitutional reform often grapple
with the question of whether to constitutionalise social rights.
This book presents an argument for why, under the right conditions,
doing so can be a good way to advance social justice. In making
such a case, the author considers the nature of the social minimum,
the role of courts among other institutions, the empirical record
of judicial impact, and the role of constitutional text. He argues,
however, that when enforcing such rights, judges ought to adopt a
theory of judicial restraint structured around four principles:
democratic legitimacy, polycentricity, expertise and flexibility.
These four principles, when taken collectively, commend an
incrementalist approach to adjudication. The book combines
theoretical, doctrinal, empirical and comparative analysis, and is
written to be accessible to lawyers, social scientists, political
theorists and human rights advocates.
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