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This title was first published in 2001: Welfare law is a legal
field integral to most jurisprudential formulations, whether
artificially designated as doctrinal, theoretical or practical. At
its core, legal discourse regarding welfare challenges the
formulations traditionally viewed as 'pre-legal', the 'background
rules' of property, tort and contract law. In addition, it affects
a large percentage of the world's population, highlights the social
construction of identities and perhaps more than any other area of
law, graphically epitomizes the intersection of class, race and
gender distinctions. However, within both the legal academy and
practice, welfare law has been marginalized and viewed as a field
that does not connect to any but a small sector of lawyers and
legal clients. Isolated as an arcane domain of either statutory and
regulatory legal minutiae or jurisprudential insignificance,
welfare law has never realized its potential as a major hub for
legal theoretical discourse. The articles in this volume seek to
expose the roots of the essentialized view of welfare law as
nonessential and re-establish its value and importance.
This book discusses a range of rights controversies from both
theoretical and practical perspectives. It considers specific
issues in the litigation and adjudication of social and economic
rights cases from the differing standpoints of activists, lawyers,
and adjudicators.
Since World War II, a growing number of jurisdictions in both the
developing and industrialized worlds have adopted progressive
constitutions that guarantee social and economic rights (SER) in
addition to political and civil rights. Parallel developments have
occurred at transnational level with the adoption of treaties that
commit signatory states to respect and fulfil SER for their
peoples. This book is a product of the International Social and
Economic Rights Project (iSERP), a global consortium of judges,
lawyers, human rights advocates, and legal academics who critically
examine the effectiveness of SER law in promoting real change in
people's lives. The book addresses a range of practical, political,
and legal questions under these headings, with acute sensitivity to
the racial, cultural, and gender implications of SER and the
path-breaking SER jurisprudence now emerging in the "Global South".
The book brings together internationally renowned experts in the
field of social and economic rights to discuss a range of rights
controversies from both theoretical and practical perspectives.
Contributors of the book consider specific issues in the litigation
and adjudication of SER cases from the differing standpoints of
activists, lawyers, and adjudicators in order to identify and
address the specific challenges facing the SER community. This book
will be of great use and interest to students and scholars of
comparative constitutional law, human rights, public international
law, development studies, and democratic political theory.
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R398
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