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What practical impact does the incorporation of international human
rights standards into domestic law have? This collection of essays
explores human rights in domestic legal systems. The enactment of
the Human Rights Act in 1998, ushering the European Convention on
Human Rights fully into UK law, represented a landmark in the UK
constitutional order. Other European states similarly have elevated
the status of human rights in their domestic legal systems.
However, whilst much has been written about doctrinal legal
developments, little is yet known about the empirical effects of
bringing rights home. This collection of essays, written by a range
of distinguished socio-legal scholars, seeks to fill this gap in
our knowledge. The essays, presenting new empirical research, begin
their enquiry where many studies in human rights finish. The
contributors do not stop at the recognition of international law
and norms by states, but penetrate the internal workings of
domestic legal systems to see the law in action - - as it is
developed, contested, manipulated, or even ignored by actors such
as judges, lawyers, civil servants, interest groups, and others.
This distinctly socio-legal approach offers a unique contribution
to the literature on human rights, exploring human rights
law-in-action in developed countries. In doing so, it demonstrates
the importance of looking beyond grand generalities and the hopes
of international human rights law in order to understand the impact
of the global human rights movement.
How effective is judicial review in securing compliance with
administrative law? This book presents an empirically-based study
of the influence of judicial review on government agencies. In
doing so, it explores judicial review from a regulatory perspective
and uses the insights of the regulation literature to reflect on
the capacity of judicial review to modify government behavior. On
the basis of extensive research with heavily litigated government
agencies, the book develops a framework for analyzing and
researching the regulatory capacity of judicial review. Combining
empirical and legal analysis, it describes the conditions which
must exist to maximize judicial review's capacity to secure
compliance with administrative law.
This collection of essays examines the promise and limits of social
rights in Europe in a time of austerity. Presenting in the first
instance five national case studies, representing the biggest
European economies (UK, France, Germany, Italy and Spain), it
offers an account of recent reforms to social welfare and the
attempts to resist them through litigation. The case studies are
then used as a foundation for theory-building about social rights.
This second group of chapters develops theory along two
complementary lines: first, they explore the dynamics between
social rights, public law, poverty and welfare in times of economic
crisis; second, they consider the particular significance of the
European context for articulations of, and struggles over, social
rights. Employing a range and depth of expertise across Europe, the
book constitutes a timely and highly significant contribution to
socio-legal scholarship about the character and resilience of
social rights in our national and regional constitutional settings.
As the COVID-19 pandemic has unfolded, stark social inequalities
have increasingly been revealed and, in many cases, been
exacerbated by the global health crisis. This book explores these
inequalities, identifying three thematic strands: power and
governance, gender and marginalized communities. By examining these
three themes in relation to the effects of the pandemic, the book
uncovers how unequal the pandemic truly is. It brings together
invaluable insights from a range of international scholars across
multiple disciplines to critically analyse how these inequalities
have played out in the context of COVID-19 as a first step towards
achieving social justice.
This collection of essays examines the promise and limits of social
rights in Europe in a time of austerity. Presenting in the first
instance five national case studies, representing the biggest
European economies (UK, France, Germany, Italy and Spain), it
offers an account of recent reforms to social welfare and the
attempts to resist them through litigation. The case studies are
then used as a foundation for theory-building about social rights.
This second group of chapters develops theory along two
complementary lines: first, they explore the dynamics between
social rights, public law, poverty and welfare in times of economic
crisis; second, they consider the particular significance of the
European context for articulations of, and struggles over, social
rights. Employing a range and depth of expertise across Europe, the
book constitutes a timely and highly significant contribution to
socio-legal scholarship about the character and resilience of
social rights in our national and regional constitutional settings.
Through interviews with many of the most noteworthy authors in law
and society, Conducting Law and Society Research takes students and
scholars behind the scenes of empirical scholarship, showing the
messy reality of research methods. The challenges and the
uncertainties, so often missing from research methods textbooks,
are revealed in candid detail. These accessible and revealing
conversations about the lived reality of classic projects will be a
source of encouragement and inspiration to those embarking on
empirical research, ranging across the full array of disciplines
that contribute to law and society. For all of the ambiguities and
challenges to the social 'scientific' study of law, the reflections
found in this book - collectively capturing a portrait of the field
through the window of the research efforts - individually remind
readers that 'good research' displays not an absence of problems,
but the care taken in negotiating them.
Through interviews with many of the most noteworthy authors in law
and society, Conducting Law and Society Research takes students and
scholars behind the scenes of empirical scholarship, showing the
messy reality of research methods. The challenges and the
uncertainties, so often missing from research methods textbooks,
are revealed in candid detail. These accessible and revealing
conversations about the lived reality of classic projects will be a
source of encouragement and inspiration to those embarking on
empirical research, ranging across the full array of disciplines
that contribute to law and society. For all of the ambiguities and
challenges to the social 'scientific' study of law, the reflections
found in this book - collectively capturing a portrait of the field
through the window of the research efforts - individually remind
readers that 'good research' displays not an absence of problems,
but the care taken in negotiating them.
As the COVID-19 pandemic has unfolded, stark social inequalities
have increasingly been revealed and, in many cases, exacerbated by
the global health crisis. This book explores these inequalities,
identifying three thematic strands: power and governance, gender
and marginalized communities. By examining these three themes in
relation to the effects of the pandemic, the book uncovers how
unequal the pandemic truly is. It brings together invaluable
insights from a range of international scholars across multiple
disciplines to critically analyse how these inequalities have
played out in the context of COVID-19 as a first step towards
achieving social justice.
How effective are the courts in controlling bureaucracies? What
impact does judicial review have on the agencies which are targeted
by its rulings? For the first time, this book brings together the
insights of two intellectual disciplines which have hitherto
explored these questions separately: political science and
law/socio-legal studies. Leading international scholars from both
fields present new research which focuses on the relationship
between judicial review and bureaucratic behaviour. Individual
contributors discuss fundamental conceptual and methodological
issues, in addition to presenting a number of empirical case
studies from various parts of the world: the United States, Canada,
Australia, Israel, and the United Kingdom. This volume constitutes
a landmark text offering an international, interdisciplinary and
empirical perspective on judicial review's impact on bureaucracies.
It will significantly advance the research agenda concerning
judicial review and its relationship to social change.
Why do most welfare applicants fail to challenge adverse decisions
despite a continuing sense of need? The book addresses this
severely under-researched and under-theorised question. Using
English homelessness law as their case study,the authors explore
why homeless applicants did -- but more often did not -- challenge
adverse decisions by seeking internal administrative review. They
draw out from their data a list of the barriers to the take up of
grievance rights. Further, by combining extensive interview data
from aggrieved homeless applicants with ethnographic data about
bureaucratic decision-making, they are able to situate these
barriers within the dynamics of the citizen-bureaucracy
relationship. Additionally, they point to other contexts which
inform applicants' decisions about whether to request an internal
review. Drawing on a diverse literature -- risk, trust, audit,
legal consciousness, and complaints -- the authors lay the
foundations for our understanding of the (non-)emergence of
administrative disputes.
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