Download or read book Adjudication of Socio Economic Rights Under the Indian Constitution written by Manwendra Tiwari and published by . This book was released on 2019 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: While normative debates consider what it means to have a socio-economic right, courts may ultimately understand rights very differently. This is because the realm of normative debate can afford to be prescriptive so far as the content of these rights are concerned but the courts will have the challenge to fix the content of these rights while adjudicating, if it wants that the orders passed by it travel beyond the rhetoric and bring some actual change on the ground. The arguments advanced still debate the very issue of justiciability of socio-economic rights and therefore the permissible extent of judicial intervention in the realm of these rights continues to be obscured by the 'either-or narrative' of the judicial intervention which masks the reality. The constitution of the 'Social Justice Bench' by the Supreme Court provides for the perfect opportunity to address the issue of the extent of judicial intervention permissible under the India Constitution because this is an express rejection of the narrative which was in favour of the non-justiciability of socio-economic rights and thereby dispelling the charge of illegitimacy otherwise attributable to socio-economic rights adjudication. The effectiveness of such judicial intervention has seldom been denied and it is a given fact that the judicial interventions perform the catalytic function in realising the goals underlying socio-economic rights. Let us hope that the Social Justice Bench would address the issue of making socio-economic rights adjudication, principled; with a view to strike a perfect balance between the legitimacy and effectiveness of judicial intervention in enforcing socio-economic rights.

Download or read book Socio economic Rights written by Sandra Liebenberg and published by Juta and Company Ltd. This book was released on 2010 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

Download or read book Vindicating Socio Economic Rights written by Paul O'Connell and published by Routledge. This book was released on 2012-02-21 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa’s socio-economic rights jurisprudence.

Download or read book Democratic Legitimacy of Constitutional Socio economic Rights Adjudication in India written by Manwendra Tiwari and published by . This book was released on 2019 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudication of constitutional socio-economic rights by the courts is often regarded as judicial usurpation of the governance space and therefore levelled with the charge of democratic illegitimacy. However, the charge of judicial usurpation in relation to constitutional socio-economic rights adjudication in India would have been justified, had the courts completely closed the debate on the issue of the realisation of various socio-economic rights, but what is being called constitutional adjudication of socio-economic rights by the courts in India needs to be understood in its proper context. The courts rather than completely occupying the space for the debate in relation to various socio-economic rights are actually only providing an additional forum for such debate to take place. The fact that beyond the emphasis and articulation of the strong socio-economic rights of citizens there is very little empirical evidence of individual remedial form of socio-economic rights adjudication ensuring individual remedies, bears ample testimony to this fact that the charge of usurpation by the courts of governance space in relation to socio-economic rights is exaggerated.

Download or read book Socio Economic Rights in Emerging Free Markets written by Surya Deva and published by Routledge. This book was released on 2015-09-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.

Download or read book The Tension Between Property Rights and Social and Economic Rights written by Namita Wahi and published by . This book was released on 2014 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, I explore the perceived tension in constitutional and human rights discourse between the right to property, regarded as a classic civil and political right, and socioeconomic rights such as the rights to food, housing, and health, through a review of Indian constitutional law. This tension arises because the enforcement of property rights, through judicial review, imposes severe restrictions on the fulfilment of socioeconomic needs of the poor. Moreover, social redistribution programmes, including land reform, that seek to improve access to resources amongst the beneficiaries necessarily involve alteration of existing property arrangements, which might be seen as violating justiciable constitutional property rights.India is a unique case study for evaluating this tension because at the time of its adoption in 1950, the Indian Constitution constitutionalised both civil and political rights like the right to property and social and economic rights, but only made the former justiciable. However, according to the conventional political and scholarly narrative, judicial enforcement of the right to property during the period 1950-1978 resulted in the invalidation of many socioeconomic reforms. This led Parliament to amend the Constitution several times in order to nullify the effect of the judicial decisions and culminated in the Forty Fourth constitutional amendment in 1978, which changed the character of the property right from a justiciable to a non-justiciable right. In contrast, post 1978; the Court through its pronouncements on the “right to life” made non-justiciable socioeconomic rights, like the rights to food, livelihood, health and housing, justiciable. Based on my review of the Indian experience, I conclude that broad generalizations about the differences and conflicts between property rights and socioeconomic rights are overstated and tend to come apart in the light of historical experience. Ultimately, it is the practices of individual judiciaries in particular periods of time and in particular social, political and economic contexts, both nationally and internationally, that influence the grant of concrete relief and enforcement of such relief in particular cases.

Download or read book Courts Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Download or read book A People s Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Download or read book Constitutional Triumphs Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.

Download or read book Radical Deprivation on Trial written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.

Download or read book The Protection of Economic Social and Cultural Rights in Africa written by Danwood Mzikenge Chirwa and published by Cambridge University Press. This book was released on 2016-10-20 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.

Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

Download or read book Socio economic Rights in South Africa written by Danie Brand and published by PULP. This book was released on 2005 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Right to Education in India written by Florian Matthey-Prakash and published by Oxford University Press. This book was released on 2019-08-22 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.

Download or read book Litigating Socio economic Rights in South Africa written by Christopher Mbazira and published by PULP. This book was released on 2009 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.