Judging Social Rights (Paperback, New)

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.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Series:	Cambridge Studies in Constitutional Law
Release date:	May 2012
First published:	May 2012
Authors:	Jeff King
Dimensions:	226 x 152 x 20mm (L x W x T)
Format:	Paperback - Trade
Pages:	400
Edition:	New
ISBN-13:	978-1-107-40032-0
Categories:	Books > Social sciences > Politics & government > Political science & theory Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
LSN:	1-107-40032-5
Barcode:	9781107400320

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