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연구원발간물

단행본

Social and economic rights in theory and practice: a critical inquiries

발행사항
Milton Park, Abingdon, Oxon : Routledge, 2015
형태사항
xv, 327 p. ; 24 cm
ISBN
9780415705646
청구기호
361 A475s
서지주기
Includes bibliographical references (pages 295-322) and index
소장정보
위치등록번호청구기호 / 출력상태반납예정일
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책 소개
Since World War II and particularly during the past 25 years, several nations have adopted "advanced constitutions" containing guarantees of social and economic rights (SER) as well as the more familiar political and civil rights. Many of the nations leading this trend are located in the developing world suggesting the emergence of a new "constitutionalism of the Global South." However the trend toward enforcement of SER also includes some highly industrialized nations, notably Germany. At the same time parallel developments have occurred at trans-national level with the adoption of treaties which commit signatory states t to respecting and guaranteeing fulfillment of SER for their peoples. The adoption of these constitutions and instruments guaranteeing SER mean that activists, scholars, and judges are now regularly called upon to address complex and challenging questions ranging from jurisprudential issues to very concrete problems concerning how majestic words on paper can be translated into delivery on the ground of social goods such as housing, education, and medical care. This book has been undertaken as part 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, particularly in the so-called developing nations. 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 particular attention to 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 from both a theoretical and a practical grassroots perspective. The book engages with legal and democratic political theory as well as drawing links between human rights and other discourses such as development theory. It also considers 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.
목차

Part 1: Perspectives  1. Critical Perspectives on Social and Economic Rights, Democracy and Separation of Powers, Karl Klare  2. Rights-Compromised or Rights-Savvy? The Use of Rights-Based Strategies to Advance Socio-Economic Struggles by Abahlali baseMjondolo, the South African Shack-Dwellers’ Movement, Jackie Dugard, Tshepo Madlingozi and Kate Tissington  3. Resource Questions in Social and Economic Rights Enforcement: A Preliminary View, Lucy A. Williams   Part 2: Global Social and Economic Rights Practice: Limitations and Openings   Part 2a: Latin America   4. Distribution of Resources Led by Courts: A Few Words of Caution, Helena Alviar Garcia  5. Latin America Social Constitutionalism: Courts and Popular Participation, Natalia Angel-Cabo and Domingo Lovera Parmo  6. Deliberative Democracy, Dialogic Justice and the Promise of Social and Economic Rights, Roberto Gargarella  7. Between Activism and Deference: Social Rights Adjudication in the Brazilian Supreme Federal Tribunal, Octavio Luiz Motta Ferraz   Part 2b: India   8. The Tension Between Property Rights and Social and Economic Rights: A Case Study of India, Namita Wahi  9. Claiming the Right to Safe Motherhood Through Litigation: The Indian Story, Sukti Dhital and Jayshree Satpute  Part 2c: South Africa  10. Democratising the Socio-Economic Rights-Enforcement Process, Lilian Chenwi 11. The Scope of the Judicial Role in the Enforcement of Social and Economic Rights: Limits and Possibilities Viewed From the South African Experience, Dennis M. Davis  Part 2d: Canada  12. Inclusive Interpretations: Social and Economic Rights and the Canadian Charter, Bruce Porter  Part 3: Looking Forward  13. Adjudicating Social and Economic Rights: Can Democratic Experimentalism Help?, Sandra Liebenberg and Katharine G. Young  14. The Constitutionalisation of Social and Economic Rights, Colm O’Cinneide  15. Constitutionally Binding Social and Economic Rights As a Compelling Idea: Reciprocating Perturbations in Liberal and Democratic Constitutional Visions, Frank I. Michelman