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Book Engaging with Social Rights

    Book Details:
  • Author : Brian Ray
  • Publisher : Cambridge University Press
  • Release : 2016-04-21
  • ISBN : 1107029457
  • Pages : 395 pages

Download or read book Engaging with Social Rights written by Brian Ray and published by Cambridge University Press. This book was released on 2016-04-21 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Engaging with Social Rights

Download or read book Engaging with Social Rights written by Brian Ray and published by . This book was released on 2016 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Social and Economic Rights in Theory and Practice

Download or read book Social and Economic Rights in Theory and Practice written by Helena Alviar García and published by Routledge. This book was released on 2014-09-19 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Engaging with Social Rights

Download or read book Engaging with Social Rights written by Brian Ray and published by Cambridge University Press. This book was released on 2018-02-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Children   s Socio Economic Rights  Democracy And The Courts

Download or read book Children s Socio Economic Rights Democracy And The Courts written by Aoife Nolan and published by Bloomsbury Publishing. This book was released on 2011-09-15 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children's rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.' Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.

Book Courts  Politics and Constitutional Law

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.

Book Engaging with Social Work

Download or read book Engaging with Social Work written by Christine Morley and published by Cambridge University Press. This book was released on 2019-01-17 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equips students with a critical perspective and develops their understanding of social work practice.

Book Reading for Action

Download or read book Reading for Action written by Ashley S. Boyd and published by Rowman & Littlefield. This book was released on 2019-06-05 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illustrates how teachers can draw upon young adult literature to facilitate students’ social action. Each chapter centers on one novel that represents a contemporary topic including police brutality, women’s rights, ecojustice, and bullying. In each, authors provide pre-, during-, and after reading strategies for teaching that connect the social issues in the texts to students’ lives and to the world around them. They then offer a multitude of avenues for student action, emphasizing the need to move readers from understanding and awareness to asserting their own agency and capacities to effect change in their local, national, and global communities. In addition to methods for scaffolding students’ analysis of texts and topics, authors also offer a plethora of additional resources such as documentaries, canonical companions for study, connected music, and supplementary lesson plans.

Book Civil Rights and Liberties

    Book Details:
  • Author : Corey L. Brettschneider
  • Publisher : Aspen Publishing
  • Release : 2015-01-28
  • ISBN : 1454819243
  • Pages : 1295 pages

Download or read book Civil Rights and Liberties written by Corey L. Brettschneider and published by Aspen Publishing. This book was released on 2015-01-28 with total page 1295 pages. Available in PDF, EPUB and Kindle. Book excerpt: An engaging conceptualizing chapter opens Civil Rights and Liberties: Cases and Readings in Constitutional Law and American Democracy, introducing civil liberties within their constitutional framework, illuminating their nature and sources through enlightening Supreme Court deliberations that show the underlying debates about constitutional interpretation. A distinctive approach to themes and principles encourages students to develop their own views on civil liberties in general and on the specific controversies such as abortion, gay rights, and hate speech. Extensive, intriguing excerpts from a highly focused set of cases and other readings from contemporary theory highlight conflicting opinions among the justices. They provide depth of understanding of the Constitution and of the disputes that have shaped its meaning, including the basis and nature of judicial authority. The text's thematic organization reveals the structural and normative features of the Constitution and constitutional law by linking them to contemporary issues and controversies. Key historical elements lend context and depth. A logical chapter structure offers probing overviews of the topics, constitutional arguments, and chapter readings followed by a broad range of theoretical and historical writings leading up to the cases. This multidimensional perspective draws on a wide array of resources such as case excerpts, concurring and dissenting opinions, law journal and articles, general publications, published letters, and other documents. Probing case comprehension, discussion, and synthesis questions punctuate and reinforce content. Features: an engaging conceptualizing opening chapter introduces civil liberties within constitutional framework illuminates their nature and sources through enlightening Supreme Court disputes shows underlying debates about constitutional interpretation a distinctive approach to themes and principles encourages students to develop their own views on civil liberties engages students in specific controversies--abortion, gay rights, and hate speech, etc. intriguing excerpts from a highly focused set of cases and other readings highlight disputes among the justices provide depth of understanding of the Constitution and interpretive disputes explore the basis and nature of judicial authority thematic organization shows structural and normative features of the Constitution and constitutional law links the Constitution to contemporary issues and controversies provides key historical elements for context logical chapter structure author's overviews of topics, constitutional arguments, and chapter readings a broad range of theoretical and historical writings key cases a multidimensional perspective draws on a wide array of resources case excerpts concurring and dissenting opinions law journal articles general publications published letters and other documents probing case comprehension, discussion, and synthesis questions reinforce content

Book Australia   s Engagement with Economic and Social Rights

Download or read book Australia s Engagement with Economic and Social Rights written by Russell Solomon and published by Springer Nature. This book was released on 2021-04-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.

Book Engaging Social Justice

Download or read book Engaging Social Justice written by and published by BRILL. This book was released on 2009-06-15 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global economic collapse of 2008 has brought into sharp relief the penetration of global capitalism and its impact on working people both in the industrial core and in developing nations. In response, social movements challenging the World Trade Organization and annual gathering of progressive groups and NGOs at the World Social Forums have embarked on the goal of creating an alternative to the neo-liberal policies that have immiserated generations. The articles in this book address the need for a progressive pedagogy, highlight the organizational forms of resistance to capitalism, and explore new forms of struggles against capitalist practices by people throughout the world. Contributors include: Emily Achtenberg, Melanie E L Bush, Deborah L. Little, Victoria Carty, Margaret Cerullo, Chris Chase-Dunn,Victor Figueroa, Matt Kaneshiro, Laura Collin, Ximena de la Barra, Richard Dello Buono, Heather Gautney, Arseniy Gutnik, Kristen Hopewell, Lauren Langman, Marie Kennedy, Chris Tilly, Fernando Leiva.

Book Anti Bias Education for Young Children and Ourselves

Download or read book Anti Bias Education for Young Children and Ourselves written by Louise Derman-Sparks and published by . This book was released on 2020-04-07 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-bias education begins with you! Become a skilled anti-bias teacher with this practical guidance to confronting and eliminating barriers.

Book Engaging Social Justice

Download or read book Engaging Social Justice written by David Fasenfest and published by . This book was released on 2011 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Book Reasoning Rights

    Book Details:
  • Author : Liora Lazarus
  • Publisher : Bloomsbury Publishing
  • Release : 2014-12-01
  • ISBN : 1849468141
  • Pages : 434 pages

Download or read book Reasoning Rights written by Liora Lazarus and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

Book Educating for Citizenship and Social Justice

Download or read book Educating for Citizenship and Social Justice written by Tania D. Mitchell and published by Palgrave Macmillan. This book was released on 2018-08-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited volume, authors explore the ways in which departments, programs, and centers at public research universities are working to better engage students in the work of citizenship and social justice. The chapters in this book illuminate the possibilities and challenges for developing community engagement experiences and provide evidence of the effects of these efforts on communities and undergraduate students’ development of citizenship outcomes. This text reveals how important the integration of our intentions and actions are to create a community engaged practice aimed towards justice.

Book Wellbeing  Freedom and Social Justice

Download or read book Wellbeing Freedom and Social Justice written by Ingrid Robeyns and published by Open Book Publishers. This book was released on 2017-12-11 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we evaluate ambiguous concepts such as wellbeing, freedom, and social justice? How do we develop policies that offer everyone the best chance to achieve what they want from life? The capability approach, a theoretical framework pioneered by the philosopher and economist Amartya Sen in the 1980s, has become an increasingly influential way to think about these issues. Wellbeing, Freedom and Social Justice: The Capability Approach Re-Examined is both an introduction to the capability approach and a thorough evaluation of the challenges and disputes that have engrossed the scholars who have developed it. Ingrid Robeyns offers her own illuminating and rigorously interdisciplinary interpretation, arguing that by appreciating the distinction between the general capability approach and more specific capability theories or applications we can create a powerful and flexible tool for use in a variety of academic disciplines and fields of policymaking. This book provides an original and comprehensive account that will appeal to scholars of the capability approach, new readers looking for an interdisciplinary introduction, and those interested in theories of justice, human rights, basic needs, and the human development approach.