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Health as a Human Right
"The idea of a human right to health goes back at least to the constitution of the World Health Organisation of 1946 and is now firmly established both in international and domestic laws. 166 countries have ratified the International Covenant on Economic, Social and Cultural rights, whose article 12 recognises a "right of everyone to the enjoyment of the highest attainable standard of health". An increasingly larger number of constitutions and other domestic laws also recognise the right to health in some form or another"--
Global Canons in an Age of Contestation
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...
One Hundred Years of Social Protection
While the rise of social protection in the global North has been widely researched, we know little about the history of social protection in the global South. This volume investigates the experiences of four middle-income countries - Brazil, India, China and South Africa - from 1920 to 2020, analysing if, when, and how these countries articulated a concern about social issues and social cohesion. As the first in-depth study of the ideational foundations of social protection policies and programmes in these four countries, the contributions demonstrate that the social question was articulated in an increasingly inclusive way. The contributions identify the ideas, beliefs, and visions that underpinned the movement towards inclusion and social peace as well as counteracting doctrines. Drawing on perspectives from the sociology of knowledge, grounded theory, historiography, discourse analysis, and process tracing, the volume will be of interest to scholars across political science, sociology, political economy, history, area studies, and global studies, as well as development experts and policymakers.
Trust, Courts and Social Rights
Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.
The Latin American Casebook
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Human Rights and 21st Century Challenges
How might three of the largest challenges of the 21st century - armed conflict, environment, and poverty - be addressed using a human rights framework? This book engages with this question through contributions from prominent figures in the debate as it considers both foundational issues of theory as well as applied questions.
Engaging with Social Rights
With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.
Children's Rights and Sustainable Development
Considers how to implement children's rights in the twenty-first century through a child rights-based approach to sustainable development.
Proportionality and Transformation
This is the first book on proportionality in Latin American constitutional law. Leading scholars in the region explore how proportionality analysis has become a key part of the constitutional law of a region where, almost paradoxically, constitutions with clear transformative intentions coexist with the highest indicators of social inequality in the world. In this book, scholars, practitioners and students will find a fascinating account of how proportionality has been a central concept in Latin America's constitutional struggles to curtail excessive uses of state power. The book illustrates how, more recently, proportionality has played an important role in national processes of constitutionalization and transitional justice, and how its current uses in the domain of social rights endow it with a distinctive meaning and role in regional constitutionalism. This pioneering book opens up the space for a much needed global conversation on how Latin America has decisively contributed to comparative constitutional law.
Contesting World Order?
Global and domestic policies, and the rapid processes of economic globalisation, have led to burgeoning levels of inequality. Drawing upon insights from critical international relations theory, this book explores how global justice movements use socioeconomic rights to challenge neo-liberal global governance.
