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Constituting Economic and Social Rights (Paperback)
Loot Price: R1,769
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Constituting Economic and Social Rights (Paperback)
Series: Oxford Constitutional Theory
Expected to ship within 10 - 15 working days
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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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